Public Law 474. making further provision for the fisheries of Alaska,” approved August 14, [50 Stat. 639](/us/stat/50/639).[48 U

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(/us/pl/75/473)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Alaska fisheries. That Public Law Numbered 282, Seventy-fifth Congress, entitled “An Act making further provision for the fisheries of Alaska,” approved August 14, [50 Stat. 639](/us/stat/50/639).[48 U. S. C., Supp. III, § 222a](/us/usc/t48/s222a).1937 (50 Stat. 639), is amended to read as follows: “That section 1 of the Act approved June 6, 1924, entitled ‘An Act for the protection [43 Stat. 464](/us/stat/43/464).[48 U. S. C. § 222](/us/usc/t48/s222).of the fisheries of Alaska, and for other purposes’ (43 Stat. 464), as amended, is further amended by inserting in said section at the end of the first proviso thereof another proviso to read as follows:

Bristol Bay.Residence and citizenship requirements, persons taking salmon with stake net, etc., for commercial purposes. ‘*Provided further,* That in the area embracing Bristol Bay and the arms and tributaries thereof, no person shall at any time fish for or take salmon with a stake net or set net, for commercial purposes, unless such person shall be a citizen of the United States and shall have theretofore continuously resided for the period of at least two years within said area; but for the salmon fishing season of 1938, residence within said area continuously after June 1, 1937, shall be deemed sufficient compliance with the residence requirements of this proviso:’ ”.

Approved, April 7, 1938. To amend an Act entitled “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”, approved September 3, 1935. 1938-04-08 120 Chapter 52 Stat. 208 75 3 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 2024-11-15 public [CHAPTER 120] AN ACT To amend an Act entitled “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”, approved September 3, 1935.

April 8, 1938[[H. R. 7277](/us/bill/75/hr/7277)][[Public, No. 474](/us/pl/75/474)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Menominee Tribe of Indians. That the Act entitled “An Act to refer the claim of the Menominee Tribe of Indians to the Court of Claims, with the absolute right to appeal [49 Stat. 1085](/us/stat/49/1085).to the Supreme Court of the United States” (Public, Numbered 413, Seventy-fourth Congress), approved September 3, 1935, is hereby amended in the following particulars:

Section repealed.Section 2 of said Act is hereby repealed and in lieu thereof the following is enacted: " “Sec. 2. Prosecution of claims; separate suits permitted. The Menominee Tribe of Indians is hereby empowered to prosecute any and all of its claims by bringing at its election, acting through its attorneys, a suit or suits, as party plaintiff, against the United States, as party defendant, by filing a petition or petitions in the Court of Claims and serving with respect to each petition a copy thereof on the Attorney General of the United Facts to be set forth in petition.States.

Such petition or petitions shall set forth the facts on which the claims for recovery are based and shall be verified by the attorney52 Stat. 209 or attorneys employed by said Menominee Tribe of Indians in accordance with existing law to prosecute such claims which may be made upon information and belief and no other verification shall be necessary. Any suit hereunder shall be instituted by the filingLimitation of action. of a petition in the Court of Claims before the end of the calendar year of 1938.

The petition or petitions shall be subject to amendmentAmendment. at any time prior to final submission of the case to the Court of Claims.” " The first sentence of section 3 of said Act is amended by repealingPrinciples of law applicable; clarifying phrase. the words “said suit” and inserting in lieu thereof the words “any suit instituted hereunder”. Section 6

(c)of said Act is hereby amended to read as follows: [49 Stat. 1086](/us/stat/49/1086). " “(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[35 Stat. 51](/us/stat/35/51). 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 dam-ages to the Menominee Tribe of Indians either

(1)the differenceComputation of damages. between 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 annumInterest. for the same period, said period, wherever specified herein, to be deemed to end sixty years from the time of replacement by planting, 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, and the net income that has been and will be received from the liquidation of the timber on the acreage unlawfully cut; or

(2)the costReplacement 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 perInterest. 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. The term“Net income” to include stumpage value. ‘net income’ shall include the stumpage value of the timber that would have been cut under selective cutting or that was cut under clear cutting. The cost of replacement, including fire lines of the timber on the acreage unlawfully cut over, unless proved otherwise at the trial, shall be deemed to be $15 per acre, and the annual cost of fire protection, unless proved otherwise at the trial, shall be deemed to be 6 cents per acre per year.” " There is inserted as section 6

(e)the following: " “Sec. 6.

(e)The causes of action and measures of damage setCauses of action and measures of damage construed to be independent of each other.[49 Stat. 1087](/us/stat/49/1087). forth in the various paragraphs of this section 6 shall be construed to be independent of each other, but no one or all of said causes of action and measures of damage shall exclude the assertion of other causes of action as permitted by section 1 hereof or the application of other proper cumulative measures of damage.” " The first sentence of section 7 of said Act is amended by repealingTextual correction.[49 Stat. 1088](/us/stat/49/1088). the words “such suit”, and inserting in lieu thereof the words “any suit”. Approved, April 8, 1938. To authorize and request the President of the United States to invite the International Seed Testing Association to hold its Ninth Congress in the United States in 1940 and to invite foreign countries to participate in that congress; and also to provide for participation by the United States in that congress. 1938-04-08 121 Chapter 52 Stat. 210 75 3 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 2024-11-15 public 52 Stat. 210 [CHAPTER 121] JOINT RESOLUTION To authorize and request the President of the United States to invite the International Seed Testing Association to hold its Ninth Congress in the United States in 1940 and to invite foreign countries to participate in that congress; and also to provide for participation by the United States in that congress. April 8, 1938[[H. J. Res. 567](/us/bill/75/hjres/567)][[Pub. Res., No. 85](/us/pl/75/85)] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, International Seed Testing Association.Invitation to bold 9th Congress in United States; participation by foreign countries. That the President be, and he is hereby, authorized and requested to invite the International Seed Testing Association to hold its Ninth Congress in the United States in 1940, and to invite foreign countries to participate in that congress. Sec. 2. Appropriation authorized. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $500, or so much thereof as may be necessary for the expenses of official entertainment by the United States at the Ninth International Seed Testing Congress to be held in the United States in 1940, and such other expenses as may be authorized by the Secretary of State, Reimbursement of other appropriations.including the reimbursement of other appropriations from which payments may have been made for the purpose herein specified, to be expended under the direction of the Secretary of State. Approved, April 8, 1938. Providing for the allocation of net revenues of the Shoshone power plant of the Shoshone reclamation project in Wyoming. 1938-04-09 132 Chapter 52 Stat. 210 75 3 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 2024-11-15 public [CHAPTER 132] AN ACT Providing for the allocation of net revenues of the Shoshone power plant of the Shoshone reclamation project in Wyoming. April 9, 1938[[H. R. 3786](/us/bill/75/hr/3786)][

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