Public Law 413. to improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the cr

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(/us/74/pl/412).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That subdivisionTennessee Valley Authority Act of 1933; amendments.Vol. 48, p. 60; [U. S. C., p. 702](/us/usc/p702).*Post*, p. 1607.

(i)of section 4 of the Act entitled “An Act to improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes”, approved May 18, 1933, be, and the same is hereby, amended by adding thereto the following proviso: “*Provided*, ThatRights of Corporation.Vol. 46, p. 1421; [U. S. C., p. 1786](/us/usc/p1786). nothing contained herein or elsewhere in this Act shall be construed to deprive the Corporation of the rights conferred by the Act of February 26, 1931 (46 Stat. 1422, ch. 307, secs. 1 to 5, inclusive), as now compiled in section 258a to 258e, inclusive, of Title 40 or the United States Code.” Sec. 2. That subdivision

(j)of said section 4 of said Act be, andVol. 48, p. 61; [U. S. C., p. 702](/us/usc/p702). the same is hereby, amended to road as follows:" “(j) Shall have power to construct such dams, and reservoirs, inPowers of Corporation.Construction of dams and reservoirs; location. the Tennessee River and its tributaries, as in conjunction with Wilson Dam, and Norris, Wheeler, and Pickwick Landing Dams, now under construction, will provide a nine-foot channel in the said river and maintain a water supply for the same, from Knoxville to its mouth, and will best serve to promote navigation on the Tennessee River and its tributaries and control destructive flood waters in the Tennessee and Mississippi River drainage basins; and shall have powerAcquisition or construction of power houses, transmission lines, etc. to acquire or construct power houses, power structures, transmission lines, navigation projects, and incidental works in the Tennessee River and its tributaries, and to unite the various power installations into one or more systems by transmission lines. The directors of theRecommendations for unified development of Tennessee River system. Authority are hereby directed to report to Congress their recommendations not later than April 1, 1936, for the unified development of the Tennessee River system.” " 1076 Sec. 3. Vol. 48, p. 61. That said section 4 of said Act be, and the same is hereby, further amended by adding a new subdivision, (k), at the end of said section as follows:" “(k) Authority for disposal of unnecessary real property. At any time before the expiration of five years from the date when this section, as amended, becomes law may in the name of and as agent for the United States and subject to approval of the President, dispose of any of such real property as in the judgment of the Board may be no longer necessary in carrying out the purposes of this Act, but no land shall be conveyed on which there is a permanent dam, hydraulic power plant, fertilizer plant or munitions plant, heretofore or hereafter built by or for the United States or for the Authority.” " Sec. 4. Vol. 48, p. 61; [U. S. C., p. 703](/us/usc/p703). That subdivision

(c)of section 5 of said Act be, and the same is hereby, amended to read as follows:" “(c)” Authority of Board to cooperate for use of new forms of fertilizer. To cooperate with National, State, district, or county experimental stations or demonstration farms, with farmers, landowners, and associations of farmers or landowners, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction, and for promoting the prevention of soil erosion by the use of fertilizers and otherwise.” " Sec. 5. Vol. 48, p. 64. That said Act be, and the same is hereby, further amended by adding a new section after section 9 of said Act, as follows:" “Sec. 9a. Regulation of stream flow at dams. The Board is hereby directed in the operation of any dam or reservoir in its possession and control to regulate the stream flow primarily for the purposes of promoting navigation and controlling Operation of facilities for power development.floods. So far as may be consistent with such purposes, the Board is authorized to provide and operate facilities for the generation of electric energy at any such dam for the use of the Corporation and for the use of the United States or any agency thereof, and the Board is further authorized, whenever an opportunity is afforded, to provide and operate facilities for the generation of electric energy in order to avoid the waste of water power, to transmit and market such power as in this act provided, and thereby, so far as may be practicable, to assist in liquidating the cost or aid in the maintenance of the projects of the Authority.” " Sec. 6. Vol. 48, p. 64; [U. S. C., p. 704](/us/usc/p704).Sales of surplus power; terms and conditions of contracts. That section 10 of said Act be, and the same is hereby, amended by adding thereto a proviso as follows: “*Provided further*, That the Board is authorized to include in any contract for the sale of power such terms and conditions, including resale rate schedules, and to provide for such rules and regulations as in its judgment may be necessary or desirable for carrying out the purposes of this Voiding contract on failure to comply.Act, and in case the purchaser shall fail to comply with any such terms and conditions, or violate any such rules and regulations, said contract may provide that it shall be voidable at the election of the Acquisition of existing facilities.Board: *Provided further*, That in order to supply farms and small villages with electric power directly as contemplated by this section, the Board in its discretion shall have power to acquire existing electric facilities used in serving such farms and small villages: *And provided further*, Terms construed.“States”; “counties”; “municipalities.”That the terms ‘States ’, ‘counties ’, and ‘municipalities’ as used in this Act shall be construed to include the public agencies of any of them unless the context requires a different construction.” Sec. 7. Vol. 48, p. 66; [U. S. C., p. 704](/us/usc/p704). That said Act be, and the same is hereby, further amended by adding a new section after section 12 of said Act, as follows:" “Sec. 12a. Authority of Board to extend credit for acquiring distribution facilities, etc. In order

(1)to facilitate the disposition of the surplus power of the Corporation according to the policies set forth in this Act;

(2)to give effect to the priority herein accorded to States, counties, municipalities, and nonprofit organizations in the purchase1077of such power by enabling them to acquire facilities for the distribution of such power; and

(3)at the same time to preserve existing distribution facilities as going concerns and avoid duplication of such facilities, the Board is authorized to advise and cooperate with and assist, by extending credit for a period of not exceeding five years to. States, Counties, municipalities and nonprofit organizations situated within transmission distance from any dam where such power is generated by the Corporation in acquiring, improving, and operating

(a)existing distribution facilities and incidental works, including generating plants; and

(b)interconnecting transmission lines; or in acquiring any interest in such facilities, incidental works, and lines.” " Sec. 8. That said Act be, and the same is hereby, further amendedVol. 48, p. 66; [U. S. C., p. 705](/us/usc/p705). by adding to section 14 of said Act the following:" “The Board shall, on or before January 1, 1937, file with CongressStatement of allocation of properties turned over to Board; filing. a statement of its allocation of the value of all such properties turned over to said Board, and which have been completed prior to the end of the preceding fiscal year, and shall thereafter in its annual report to Congress file a statement of its allocation of the value of such properties as have been completed during the preceding fiscal year. “For the purpose of accumulating data useful to the Congress inAccounts to be kept. the formulation of legislative policy in matters relating to the generation, transmission, and distribution of electric energy and the production of chemicals necessary to national defense and useful in agriculture, and to the Federal Power Commission and other Federal and State agencies, and to the public, the Board shall keep complete accounts of its costs of generation, transmission, and distribution of electric energy and shall keep a complete account of the total cost of generating and transmission facilities constructed or otherwise acquired by the Corporation, and of producing such chemicals, and a description of the major components of such costs according to such uniform system of accounting for public utilities as the Federal Power Commission has, and if it have none, then it is herebyUniform systems. empowered and directed to prescribe such uniform system of accounting, together with records of such other physical data and operating statistics of the Authority as may be helpful in determining the actual cost and value of services, and the practices, methods, facilities, equipment, appliances, and standards and sizes, types, location, and geographical and economic integration of plants and systems best suited to promote the public, interest, efficiency, and the wider and more economical use of electric energy. Such data shall be reportedReport to Congress. to the Congress by the Board from time to time with appropriate analyses and recommendations, and, so far as practicable, shall beAvailable to Federal Power Commission. made available to the Federal Power Commission and other Federal and State agencies which may be concerned with the administration of legislation relating to the generation, transmission, or distribution of electric energy and chemicals useful to agriculture. It is herebyDeclaration of policy respecting sale rate of surplus power. declared to be the policy of this Act that, in order, as soon as practicable, to make the power projects self-supporting and self-liquidating, the surplus power shall be sold at rates which, in the opinion of the Board, when applied to the normal capacity of the Authority’s power facilities, will produce gross revenues in excess of the cost of production of said power and in addition to the statement of the cost of power at each power station as required by section 9

(a)ofStatement to be included in annual report. the ‘Tennessee Valley Act of 1933 ’, the Board shall file with each annual report, a statement of the total cost of all power generated by it at all power stations during each year, the average cost of such power per kilowatt hour, the rates at which sold, and to whom sold, and copies of all contracts for the sale of power.” " 1078 Sec. 9. Vol. 48, p. 67. That said Act be and the same is hereby further amended by adding after section 15 of said Act a new section as follows:" “Sec. 15a. Bond issue; aggregate amount. With the approval of the Secretary of the Treasury, the Corporation is authorized to issue bonds not to exceed in the aggregate $50,000,000 outstanding at any one time, which bonds may Sale.be sold by the Corporation to obtain funds to carry out the provisions Forms and denominations.of section 7 of this amendatory Act. Such bonds shall be in such forms and denominations, shall mature within such periods not Redemption.more than fifty years from the date of their issue, may be redeemable at the option of the Corporation before maturity in such manner as Interest rates.may be stipulated therein, shall bear such rates of interest not exceeding 3½ per centum per annum, shall be subject to such terms and conditions, shall be issued in such manner and amount, and sold at such prices, as may be prescribed by the Corporation, with the *Proviso*.Annual investment yield.approval of the Secretary of the Treasury: *Provided*, That such bonds shall not be sold at such prices or on such terms as to afford an investment yield to the holders in excess of 3½ per centum per Guaranty of interest and principal.annum. Such bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face thereof, and such bonds shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any Payments by Secretary of the Treasury.officer or officers thereof. In the event that the Corporation should not pay upon demand, when due, the principal of, or interest on, such bonds, the Secretary of the Treasury shall pay to the holder the amount thereof, which is hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to all the rights of the holders of such bonds. Purchases by.The Secretary of the Treasury, in his discretion, is authorized to purchase any bonds issued hereunder, and for such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds from the sale of any securities hereafter issued *Ante*, p. 20.under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of the Corporation’s bonds hereunder. Sales by.The Secretary of the Treasury may, at any time, sell any of the bonds of the Corporation acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of the bonds of the Corporation shall be treated as public-debt Purchases by Corporation.transactions of the United States. With the approval of the Secretary of the Treasury, the Corporation shall have power to purchase Approval of contracts by Federal Power Commission.such bonds in the open market at any time and at any price. No bonds shall be issued hereunder to provide funds or bonds necessary for the performance of any proposed contract negotiated by the Corporation under the authority of section 7 of this amendatory Act until the proposed contract shall have been submitted to and Consideration of proposed contracts.approved by the Federal Power Commission. When any such proposed contract shall have been submitted to the said Commission, the matter shall be given precedence and shall be in every way expedited Expiration of authority to issue bonds.and the Commission’s determination of the matter shall be final. The authority of the Corporation to issue bonds hereunder shall expire at the end of five years from the date when this section as amended herein becomes law, except that such bonds may be issued at any time after the expiration of said period to provide bonds or funds necessary for the performance of any contract entered into by the Corporation, prior to the expiration of said period, under the authority of section 7 of this amendatory Act.” " 1079 Sec. 10. That section 26 of said Act be, and the same is hereby,Vol. 48, p. 71; [U. S. C., p. 708](/us/usc/p708). amended to read as follows:" “Sec. 26. Commencing July 1, 1936, the proceeds for each fiscalProceeds from power sales, disposition of property, etc. year derived by the Board from the sale of power or any other products manufactured by the Corporation, and from any other activities of the Corporation including the disposition of any real or personal property, shall be paid into the Treasury of the UnitedDeposit. States at the end of each calendar year, save and except such part of such proceeds as in the opinion of the Board shall be necessary for the Corporation in the operation of dams and reservoirs, in conducting its business in generating, transmitting, and distributing electric energy and in manufacturing, selling, and distributing fertilizer and fertilizer ingredients. A continuing fund of $1,000,000 is alsoWithholding continuing fund. excepted from the requirements of this section and may be withheld by the Board to defray emergency expenses and to insure continuous operation: *Provided*, That nothing in this section shall be construed*Proviso*.Use of proceeds accruing prior to July 1, 1936. to prevent the use by the Board, after June 30, 1936, of proceeds accruing prior to July 1, 1936, for the payment of obligations lawfully incurred prior to such latter date.” " Sec. 11. That said Act be, and the same is hereby, further amendedVol. 48, p. 71. by adding after section 26 of said Act a new section, as follows:" “Sec. 26a. The unified development and regulation of the TennesseeProhibition on constructions affecting navigation on Tennessee River system; approval required. River system requires that no dam, appurtenant works, or other obstruction, affecting navigation, flood control, or public lands or reservations shall be constructed, and thereafter operated or maintained across, along, or in the said river or any of its tributaries until Elans for such construction, operation, and maintenance shall have been submitted to and approved by the Board; and the construction, commencement of construction, operation, or maintenance of such structures without such approval is hereby prohibited. When such plans shall have been approved, deviation therefrom either before or after completion of such structures is prohibited unless the modification of such plans has previously been submitted to and approved by the Board. “In the event the Board shall, within sixty days after their formalApproval of plans when Board falls to approve. submission to the Board, fail to approve any plans or modifications, as the case may be, for construction, operation, or maintenance of any such structures on the Little Tennessee River, the above requirements shall be deemed satisfied, if upon application to the Secretary of War, with due notice to the Corporation, and hearing thereon, such plans or modifications are approved by the said Secretary of War as reasonably adequate and effective for the unified development and regulation of the Tennessee River system. “Such construction, commencement of construction, operation, orInjunction to restrain violations. maintenance of any structures or parts thereof in violation of the provisions of this section may be prevented, and the removal or discontinuation thereof required by the injunction or order of any district court exercising jurisdiction in any district in which such structures or parts thereof may be situated, and the Corporation is hereby authorized to bring appropriate proceedings to this end. “The requirements of this section shall not be construed to be aRequirements to be additional to existing laws. substitute for the requirements of any other law of the United States or of any State, now in effect or hereafter enacted, but shall be in addition thereto, so that any approval, license, permit, or other sanction now or hereafter required by the provisions of any such law for the construction, operation, or maintenance of any structures whatever, except such as may be constructed, operated, or maintained by the Corporation, shall be required, notwithstanding the provisions of this section.” " 1080 Sec. 12. Vol. 48, p. 72. That said Act be, and the same is hereby, further amended by adding at the end of said Act a new section, as follows:" “ Sec. 31. Construction of Act. This Act shall be liberally construed to carry out the purposes of Congress to provide for the disposition of and make needful rules and regulations respecting Government properties entrusted to the Authority, provide for the national defense, improve navigation, control destructive floods, and promote interstate commerce and the general welfare, but no real estate shall be held except what is necessary in the opinion of the Board to carry out plans and *Proviso*.Disposition of unnecessary lands.projects actually decided upon requiring the use of such land: *Provided*, That any land purchased by the Authority and not necessary to carry out plans and projects actually decided upon shall be sold by the Authority as agent of the United States, after due advertisement, at public auction to the highest bidder, or at private sale as provided in section 3 of this amendatory Act.” " Sec. 13. Vol. 48. p. 61. That section 4 of said Act of May 18, 1933 (48 Stat. 58), be amended by adding subsection

(l)as follows:" “(l) Power of Corporation.Readjustment of population displaced by dam construction, etc. Shall have power to advise and cooperate in the readjustment of the population displaced by the construction of dams, the acquisition of reservoir areas, the protection of watersheds, the acquisition of rights-of-way, and other necessary acquisitions of land, in order to effectuate the purposes of the Act; and may cooperate with Federal, State, and local agencies to that end.” " Sec. 14. Vol. 48, p. 63; [U. S. C., p. 704](/us/usc/p704). That subsection

(b)of section 9 of said Act be and the same is hereby amended to read as follows:" “(b) Purchases and contracts for supplies; advertising. All purchases and contracts for supplies or services, except for personal services, made by the Corporation, shall be made after advertising, in such manner and at such times sufficiently in advance of opening bids, as the Board shall determine to be adequate to insure *Proviso*.When advertising waived.notice and opportunity for competition: *Provided*, That advertisement shall not be required when,

(1)an emergency requires immediate delivery of the supplies or performance of the services; or

(2)repair parts, accessories, supplemental equipment, or services are required for supplies or services previously furnished or contracted for; or

(3)the aggregate amount involved in any purchase of supplies or procurement of services does not exceed $500; in which cases such purchases of supplies or procurement of services may be made in the open market in the manner common among businessmen: *Provided further*, Factors to be considered In comparing bids.That in comparing bids and in making awards the Board may consider such factors as relative quality and adaptability of supplies or services, the bidder’s financial responsibility, skill, experience, record of integrity in dealing, ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications. Audit of transactions.“The Comptroller General of the United States shall audit the transactions of the Corporation at such times as he shall determine, but not less frequently than once each governmental fiscal year, with Access to books, etc.personnel of his selection. In such connection he and his representatives shall have free and open access to all paper’s, books, records, files, accounts, plants, warehouses, offices, and all other things, property, and places belonging to or under the control of or used or employed by the Corporation, and shall be afforded full facilities for counting all cash and verifying transactions with and balances in Report of audit.depositaries. He shall make report of each such audit in quadruplicate, one copy for the President of the United States, one for the chairman of the Board, one for public inspection at the principal office of the Corporation, and the other to be retained by him for1081the uses of the Congress: *Provided*, That such report shall not be*Proviso*. Examination of report. made until the Corporation shall have had reasonable opportunity to examine the exceptions and criticisms of the Comptroller General or the General Accounting Office, to point out errors therein, explain or answer the same, and to file a statement which shall be submitted by the Comptroller General with his report. The expenses for eachExpenses of audit. such audit shall be paid from any appropriation or appropriations for tile General Accounting Office, and such part of such expenses as may be allocated to the cost of generating, transmitting, and distributing electric energy shall be reimbursed promptly by the Corporation as billed by the Comptroller General. The ComptrollerSpecial report. General shall make special report to the President of the United States and to the Congress of any transaction or condition found by him to be in conflict with the powers or duties entrusted to the Corporation by law.” " Sec. 15. That the sections of this Act are hereby declared to beSeparability clause. separable, and in the event of any one or more sections of this Act, or parts thereof, be held to be unconstitutional, such holding shall not affect the validity of other sections or parts of this Act. Approved, August 31, 1935. Providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war. 1935-08-31 49 Stat. 1081 837 Chapter 74 1 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 2025-01-07 public [CHAPTER 837.] JOINT RESOLUTION Providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war. August 31, 1935.[[S. J. Res. 173](/us/bill/74/sjres/173).][[Pub. Res., No. 67](/us/bill/74/pubres/67).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That upon theNeutrality; prohibition on export of arms and munitions of war. *Post*, p. 1152. outbreak or during the progress of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export arms, ammunition, or implements of war from any place in the United States, or possessions of the United States, to any port of such belligerent states, or to any neutral port for transshipment to, or for the use of, a belligerent country. The President, by proclamation, shall definitely enumerate thePresident to definitely enumerate prohibited exports. arms, ammunition, or implements of war, the export of which is prohibited by this Act. The President may, from time to time, by proclamation, extendExtension of embargo to other States. such embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved in such war. Whoever, in violation of any of the provisions of this section,Penalty for violation. shall export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from the United States, or any of its possessions, shall be fined not more than $10,000 or imprisoned not more than five years, or both, and the property, vessel, or vehicleSeizure and forfeiture.Vol. 40, p. 223; [U. S. C., p. 962](/us/usc/p962). containing the same shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223–225; U. S. C., title 22, secs. 238–245). In the case of the forfeiture of any arms, ammunition, orDisposition of seized munitions. implements of war by reason of a violation of this Act, no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President of the United States. 1082 Revocation of proclamation.When in the judgment of the President the conditions which have caused him to issue his proclamation have ceased to exist he shall revoke the same and the provisions hereof shall thereupon cease to apply. Duration of Act.Except with respect to prosecutions committed or forfeitures incurred prior to March 1, 1936, this section and all proclamations issued thereunder shall not be effective after February 29, 1936. Sec. 2. That for the purposes of this Act—

(a)National Munitions Control Board; establishment. The term “Board’ means the National Munitions Control Board which is hereby established to carry out the provisions of this Composition.Act. The Board shall consist of the Secretary of State, who shall be chairman and executive officer of the Board; the Secretary of the Treasury; the Secretary of War; the Secretary of the Navy; Administration of Act.and the Secretary of Commerce. Except as otherwise provided in this Act, or by other law, the administration of this Act is vested in the Department of State;

(b)Definitions. “United States.” The term “United States” when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States (including the Philippine Islands), the Canal Zone, and the District of Columbia;

(c)“Person.” The term “person” includes a partnership, company, association, or corporation, as well as a natural person. Registration of persons engaging in manufacture or traffic in munitions.Within ninety days after the effective date of this Act, or upon first engaging in business, every person who engages in the business of manufacturing, exporting, or importing any of the arms, ammunition, and implements of war referred to in this Act, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary or State his name, or business name, principal place of business, and places of business in the United States, and a list of the arms, ammunition, and implements of war which he manufactures, imports, or exports. Requirements.Every person required to register under this section shall notify the Secretary of State of any change in the arms, ammunition, and implements of war which he exports, imports, or manufactures; and upon such notification the Secretary of State shall issue to such person an amended certificate of registration, free of charge, which shall remain valid until the date of expiration of the original certificate. Every person required to register under the provisions of this section Registration fee.shall pay a registration fee of $500, and upon receipt of such fee the Secretary of State shall issue a registration certificate valid for Issue of registration certificate; renewals.five years, which shall be renewable for further periods of five years upon the payment of each renewal of a fee of $500. Requirement of license for exporting or importing.It shall be unlawful for any person to export, or attempt to export, from the United States any of the arms, ammunition, or implements of war referred to in this Act to any other country or to import, or attempt to import, to the United States from any other country any of the arms, ammunition, or implements of war referred to in this Act without first having obtained a license therefor. Records to be maintained.All persons required to register under this section shall maintain, subject to the inspection of the Board, such permanent records of manufacture for export, importation, and exportation of arras, ammunition, and implements of war as the Board shall prescribe. Issue of licenses.Licenses snail be issued to persons who have registered as provided for, except in cases of export or import licenses where exportation of arms, ammunition, or implements of war would be in violation of this Act or any other law of the United States, or of a treaty to which the United States is a party, in which cases such licenses shall not be issued. 1083 The Board shall be called by the Chairman and shall hold at leastMeetings of Board. one meeting a year. No purchase of arms, ammunition, and implements of war shallRestriction on purchases from person failing to register. be made on behalf of the United States by any officer, executive department, or independent establishment of the Government from any person who shall have failed to register under the provisions of this Act. The Board shall make an annual report to Congress, copies ofAnnual report of Board. which shall be distributed as are other reports transmitted to Congress. Such report shall contain such information and dataContents. collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms, ammunition, and implements of war. It shall include a list of all persons required to register under the provisions of this Act, and lull information concerning the licenses issued hereunder. The Secretary of State shall promulgate such rules andEnforcement rules and regulations. regulations with regard to the enforcement of this section as he may deem necessary to carry out its provisions. The President is hereby authorized to proclaim upon Proclamation of articles considered arms, ammunition, etc. *Post*, pp. 3471, 3503.recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section. This section shall take effect on the ninetieth day after the dateEffective date of section. of its enactment. Sec. 3. Whenever the President shall issue the proclamationCarriage by American vessel of arms, etc., to port of belligerent. provided for in section 1 of this Act, thereafter it shall be unlawful for any American vessel to carry any arms, ammunition, or implements of war to any port of the belligerent countries named in such proclamation as being at war, or to any neutral port for transshipment to, or for the use of, a belligerent country. Whoever, in violation of the provisions of this section, shall take,Penalty for violation. attempt to take, or shall authorize, hire, or solicit another to take any such vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000 or imprisoned not more than five years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and the arms, ammunition, and implements of war on board shall be forfeited to the United States. When the President finds the conditions which have caused himRevocation of proclamation. to issue his proclamation have ceased to exist, he shall revoke his proclamation, and the provisions of this section shall thereupon cease to apply. Sec. 4. Whenever, during any war in which the United StatesProhibition against vessels carrying arms, etc., out of United States ports. is neutral, the President, or any person thereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port of the United States, or its possession, men or fuel, arms, ammunition, implements of war, or other supplies to any warship, tender, or supply ship of a foreign belligerent nation, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 1, title V, chapter 30, of the ActVol. 40, p. 221; [U. S. C., p. 721](/us/usc/p721). approved June 15, 1917 (40 Stat. 11So in original.; U. S. C., title 18, sec. 31), and if, in the President’s judgment, such action will serve to maintain peace between the United States and foreign nations, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, he shall have1084the power and it shall be his duty to require the owner, master, or person in command thereof, before departing from a port of the Bond.United States, or any of its possessions, for a foreign port, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or the cargo, or any part thereof, to any warship, tender, Prohibition of departure.or supply ship of a belligerent nation; and, if the President, or any person thereunto authorized by him, shall find that a vessel, domestic or foreign, in a port of the United States, or one of its possessions, has previously cleared from such port during such war and delivered its cargo or any part thereof to a warship, tender, or supply ship of a belligerent nation, he may prohibit the departure of such vessel during the duration of the war. Sec. 5. Prohibition on entry of submarines of belligerent nations. Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States, or of its possessions, by the submarines of a foreign nation will serve to maintain peace between the United States and foreign nations, or to protect the commercial interests of the United States and its Proclamation.citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine to enter a port or the territorial waters of the United States or any of its possessions, or to depart therefrom, except under such conditions and subject to such limitations as the President Revocation of proclamation.may prescribe. When, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply. Sec. 6. Restriction on traveling by citizens of United States aboard vessels of belligerent nations. *Post*, pp. 3476, 3528. Whenever, during any war in which the United States is neutral, the President shall find that the maintenance of peace between the United States and foreign nations, or the protection of the lives of citizens of the United States, or the protection of the commercial interests of the United States and its citizens, or the security of the United States requires that the American citizens should refrain from traveling as passengers on the vessels of any Proclamation.belligerent nation, he shall so proclaim, and thereafter no citizen of the United States shall travel on any vessel of any belligerent nation except at his own risk, unless in accordance with such rules and *Provisos*. Persons in transit.regulations as the President shall prescribe: *Provided, however*, That the provisions of this section shall not apply to a citizen traveling on the vessel of a belligerent whose voyage was begun in advance of the date of the President’s proclamation, and who had no opportunity to discontinue his voyage after that date: *And provided further*, Citizens returning to United States.That they shall not apply under ninety days after the date of the President’s proclamation to a citizen returning from a foreign country to the United States or to any of its possessions. Revocation of proclamation.When, in the President’s judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply. Sec. 7. Penalty provision. In every case of the violation of any of the provisions of this Act where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more than $10,000 or imprisoned not more than five years, or both. Sec. 8. Separability clause. If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. 1085 Sec. 9. The sum of $25,000 is hereby authorized to beAppropriation authorized. *Post*, pp. 1124, 1153, 1315. appropriated, out of any money in the Treasury not otherwise appropriated, to be expended by the Secretary of State in administering this Act. Approved, August 31, 1935. To refer the claim of the Menominee Tribe of Indians to the Court of Claims with the absolute right of appeal to the Supreme Court of the United States. 1935-09-03 49 Stat. 1085 839 Chapter 74 1 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 2025-01-07 public [CHAPTER 839.] AN ACT To refer the claim of the Menominee Tribe of Indians to the Court of Claims with the absolute right of appeal to the Supreme Court of the United States. September 3, 1935.[[S. 3210](/us/bill/74/s/3210).][[Public, No. 413](/us/pl/74/413).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That jurisdictionMenominee Tribe of Indians.Jurisdiction to hear claims of. is hereby conferred on the Court of Claims to hear, determine, adjudicate, and render final judgment on all legal or equitable claims of whatsoever nature which the Menominee Tribe of Indians may have against the United States, arising under or growing out of any treaties, agreements, or laws of Congress, or out of any maladministration or wrongful handling of any of the funds, land, timber, or other property or business enterprises belonging to said tribe or held in trust for it by the United States, or otherwise; including, but without limiting the generality of the foregoing,

(1)a claim for damages for swamp lands which the United States allegedly purported to convey to the Menominee Tribe of Indians by a treaty ratified May 12, 1854 (10 Stat. L. 1064), but which the UnitedVol. 10, p. 1064. States allegedly did not convey because of already having conveyed the same to the State of Wisconsin (9 Stat. L. 519);

(2)claimsVol. 9, p. 619. for damages resulting from the improper or unlawful expenditures of tribal trust funds, including trust funds created by the Act of April 1, 1880, entitled “An Act to authorize the Secretary of the Interior to deposit certain funds in the United States Treasury in lieu of investment” (21 Stat. L. 70), and the Act of March 22,Vol. 21, p. 70. 1882, entitled “An Act authorizing the sale of certain logs cut by the Indians of the Menominee Reservation in Wisconsin” (22 Stat.Vol. 22, p. 30. L. 30), and the Act of June 12, 1890, entitled “An Act to authorize the sale of timber on certain lands reserved for the use of the Menominee Tribe of Indians, in the State of Wisconsin” (26 Stat.Vol. 26, p. 146. L. 146), and the Act of March 28, 1908, entitled “An Act to authorize the cutting of timber, the manufacture and sale of timber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin” (35 Stat. L. 51), and the Act of Vol. 35, p. 51.February 12, 1929, entitled “An Act to authorize the payment of interest on certain funds held in trust by the United States and Indian Tribes” (45 Stat. L. 1164);

(3)claims for damages allegedlyVol. 45, p. 1164. caused by the United States cutting timber on the Menominee Reservation contrary to the terms and provisions of the aforesaid Act of March 28, 1908 (35 Stat. L. 51);

(4)claims for damages allegedlyVol. 35, p. 51. caused by maladministration on the part of the United States as respects its management of the timber and lumber industries of the Menominee Indian Tribe, in particular, its management of the Menominee Indian mills. Sec. 2. The Menominee Tribe of Indians is hereby empoweredPetition to be filed. to bring such suit, as party plaintiff, against the United States, as party defendant, by filing its petition in the Court of Claims and serving a copy thereof on the Attorney General of the United States. Such petition shall set forth the facts on which the claim for recovery is based and shall be verified by the attorney or attorneys employed by said Menominee Tribe of Indians in accordance with existing law to prosecute such claims which may be made upon information and1086Limitation of action.belief and no other verification shall be necessary. Suit shall be instituted within two years from the date of this Act by the filing of a petition in the Court of Claims in behalf of the Menominee Tribe of Indians. Sec. 3. Principles of law applicable. At the trial of said suit the court shall apply as respects the United States the same principles of law as would be applied to an ordinary fiduciary and shall settle and determine the rights thereon both legal and equitable of said Menominee Tribe against the United States notwithstanding lapse of time or statute of limitations. Payments heretofore made.No payment or payments which have been made by the United States upon any claim or claims therein asserted or for the account of said Menominee Tribe of Indians nor any gratuities paid to or expended for said tribe or members thereof shall apply as an estoppel against said suit but may be pleaded as offsets. No gratuities, however, paid to or expended for said tribe or members thereof prior to the Act of Congress of March 28, 1908 (35 Stat. L. 51), or paid pursuant to any emergency relief legislation enacted subsequent to January 1, 1933, or out of any appropriations authorized by the Act of June 18, 1934 (48 Stat. L. 984), shall be pleaded by the United States as offsets. Sec. 4. Evidence admitted. At the trial of such action so instituted in the Court of Claims, any letter, paper, document, map, or record in the possession of any officer or department of the United States (or a certified copy thereof) may be used in evidence, and the departments of the Government of the United States shall give full and free access to the attorneys for said tribe of Indians to such letters, papers, documents, or records as may be useful to said attorney or attorneys in the preparation for trial or trials of such action and shall afford facilities for the examination of the same and the making of copies thereof. Sec. 5. Appeals to Supreme Court of United States. Either party shall have the absolute right of appeal (not by writ of certiorari) from any final judgment entered by the Court of Claims to the Supreme Court of the United States and the Supreme Court of the United States is hereby invested with jurisdiction of such appeals. Sec. 6. Payments to Indians if determined that United States unlawfully failed to convey certain swamp lands.

(a)If it shall be determined by the court that the United States in violation of the terms and provisions of the treaty ratified May 12, 1854 (10 Stat. L. 1004), unlawfully failed to convey certain swamp lands to the Menominee Tribe of Indians the court shall render judgment in favor of the Menominee Tribe of Indians for a sum equal to

(1)the value of the timber removed therefrom since May 12, 1854, with interest at 4 per centum per annum from the time of such removal and

(2)the present acquisition costs of such lands to the Menominee Tribe of Indians, which shall be determined by the court, with a proviso that the United States may in lieu of paying the present acquisition costs of such lands acquire and hold said lands in trust for the sole benefit and use of the Menominee Tribe of Indians.

(b)Judgment if determined that United States unlawfully expended tribal funds, etc. If it shall be determined by the court that the United States has improperly or unlawfully expended or misappropriated tribal funds or properties of said tribe of Indians the court shall render judgment against the United States for an amount equal to the value of all such funds and property with interest thereon at the same rate per annum as provided by the Act of Congress authorizing the creation of the fund or property improperly or unlawfully expended or misappropriated from the date of the unlawful expenditures or misappropriations. 1087

(c)If it shall be determined by the court that the United StatesUnlawfully cut timber. has violated the terms and provisions of the Act of Congress of March 28, 1908 (35 Stat. L. 51), by cutting other than dead and down timber or such fully matured and ripened timber as the Forestry Service shall have properly designated, or by cutting such timber so as to prevent forest perpetuation, the court shall award as damages to the Menominee Tribe of Indians either

(1)the difference between the net income that has been and will be received from the liquidation of the timber unlawfully cut and the net income which would have been and would be received from an acreage which would have produced, under selective cutting, if then cut, the same volume of timber as that unlawfully cut, from the time of the commencement of the unlawful cutting up to the time when the timber unlawfully cut shall have been replaced by replanting and the sustained yield from the said replanted timber shall be equal, acre for acre, to the sustained yield from the timber had it been selectively cut so as to perpetuate the forest, as required by law, with interest thereon at the rate of 4 per centum per annum for the same period, said period, wherever specified herein, to be deemed to be sixty years, unless otherwise determined at the trial, plus the cost of replacement of the timber on the same areas including the necessary protection until the replanted timber shall have attained the said sustained yield; or

(2)the cost of replacement of timber on the respective areas thus unlawfully cut, including the necessary protection until the replanted timber shall have attained the aforesaid sustained yield plus interest at 4 per centum per annum for the same period of time on an amount equal to the reasonable value as of the date of the unlawful cutting of the timber on the areas thus cut, whichever is the greater.

(d)If it shall be determined by the court that there has beenMaladministration of timber and lumber industry. maladministration on the part of the United States as respects its management of the timber or lumber industry of the Menominee Indian Tribe, including, but without limitation, its disposal of timber and lumber products and its management of the Menominee Indian Mills, the court shall award to the Menominee Tribe of Indians as damages either

(1)an amount equal to the net losses incurred during the year or years in which maladministration is found, with interest thereon at the rate of 4 per centum per annum from the respective dates of said losses, or,

(2)interest at the rate of 4 per centum for the particular year or years in which maladministration is found on the capital investment of the Menominee Tribe of Indians in their standing timber, lumber, plant, buildings, equipment and all other assets used in, or about, or in any way connected, with the Menominee Indian Mills or the timber and lumber industry of the Menominee Indian Tribe, whichever is the greater. “Net losses” shall be determined by using customary and accepted principles of accounting. “Capital investment” in standing timber and lumber shall be determined by using the unit price for each species of lumber and timber as used by the United States in its accounting records at the Menominee Indian Mills at the beginning and end of each year in which maladministration is found and dividing the sum thereof by two. “Capital investment” in plant, buildings, equipment and all other assets shall be determined by using cost less depreciation at the beginning and end of each year in which maladministration is found and dividing the aggregate thereof by two. In determining “Cost less depreciation” the general ledger accounts maintained at the Menominee Indian Mills shall be accepted subject to such adjustments as may be found proper upon investigations using customary and accepted principles of accounting. 1088 Sec. 7. Fees upon final determination of suits. Upon the final determination of such suit, cause, or action, whether by judgment, compromise, or otherwise, the Court of Claims shall decree such fees as it shall find reasonable to be paid the attorney or attorneys employed therein by said Menominee Tribe of Indians under contracts negotiated and approved as provided by *Provisos*.If compromise effected without assistance of attorneys.existing law: *Provided*, That in the event the claim for damages for swamp lands shall be compromised and settled by the Menominee Tribe of Indians and the United States without the assistance of the attorney or attorneys employed hereunder pursuant to a special resolution adopted by the Menominee Advisory Council authorizing the rendering of such assistance, no fees shall be paid or decreed With assistance.with respect thereto: *Provided further*, That in the event the claim for damages for swamp lands shall be compromised and settled by the Menominee Tribe of Indians and the United States, prior or subsequent to the institution of suit hereunder but prior to the trial thereof, with the assistance of the attorney or attorneys employed hereunder pursuant to a special resolution adopted by the Menominee Advisory Council authorizing such attorney or attorneys to render such assistance, the Secretary of the Interior shall, for such assistance, award to said attorney or attorneys such fees, with respect thereto, as based upon a quantum meruit he shall deem reasonable. Restriction on amount.In no case shall the fee decreed by said Court of Claims and the Secretary of the Interior be in excess of the amount stipulated in the contracts approved by the Commissioner of Indian Affairs and the Secretary of the Interior. The fees decreed by the court to the attorney or attorneys shall be paid out of any sum or sums recovered in such suit or action or received by compromise and not otherwise. Expenses.All actual and necessary expenses incurred by the attorney or attorneys so employed, including court costs, bills for printing required by law, or court rules, the cruising and examination of lands and timber, the auditing and tabulation of accounts, travel, and subsistence of said attorney or attorneys and his or their employees while engaged solely in the preparation or prosecution of said suit or suits, securing and taking evidence deemed material therein, the compensation or stenographers, and such clerical assistance as shall be reasonably employed solely upon work in connection therewith, fees or commissions of notaries public or commissioners, and any other expense reasonably necessary for the preparation for trial or prosecution of any such suit or suits shall be paid by the Secretary of the Interior, when approved by him, from time to time, as the same shall accrue out of the funds standing to the credit of said Menominee Tribe of Indians in the Treasury of the United States upon verified accounts submitted in such form as may be required by the Secretary of the Interior, and without regard to the outcome Deposit of net amount of judgment.or success of said suit or action against the United States. The net amount of any judgment recovered shall be placed in the Treasury of the United States to the credit of the said Indians, and shall draw interest at the rate of 4 per centum per annum and shall be thereafter subject to appropriation by Congress for the benefit of said Indians, including the purchase of lands and building of homes, and no part of said judgment shall be paid out in per capita payments to said Indians. Sec. 8. Service of copy of petition. A copy of the petition in any suit instituted under this Act shall be served upon the Attorney (general of the United States and he, or some attorney from the Department of Justice to be designated by him, is hereby directed to appear and defend the interests of the United States. Approved, September 3, 1935. To provide for the immediate settlement of the obligation of the Joe Graham Post of the American Legion arising out of the purchase of the Ship Island Military Reservation. 1935-09-04 840 Chapter 49 Stat. 1089 74 1 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 2025-01-07 public 1089 [CHAPTER 840.] AN ACT To provide for the immediate settlement of the obligation of the Joe Graham Post of the American Legion arising out of the purchase of the Ship Island Military Reservation. September 4, 1935.[[S. 3184](/us/bill/74/s/3184).][

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Sec. 4
Except as otherwise specifically provided in this Act, the Corporation—

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49 Stat. 1081
40 Stat. 223
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Public Law 413

to improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the cr

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