Public Law 397.

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(/us/pl/76/396)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Flood control. That section 2 of the [50 Stat. 877](/us/stat/50/877).[33 U. S. C., Supp. IV, § 701g](/us/usc/t33/s701g).Removal of debris, etc.Flood Control Act of August 28, 1937, is hereby amended to read as follows: " “That the Secretary of War is hereby authorized to allot not to exceed $300,000 from any appropriations heretofore or hereafter made for any one fiscal year for flood control, for removing accumulated snags and other debris and clearing channels in navigable streams and tributaries thereof when in the opinion of the Chief of Engineers such *Proviso*.Restriction.work is advisable in the interest of flood control: *Provided*, That not more than $25,000 shall be allotted for this purpose for any single tributary from the appropriations for any one fiscal year.

” " Sec. 2. Funds made available for surveys, preparing reports, etc. Funds heretofore or hereafter appropriated for construction and maintenance of flood-control works by the War Department shall be available for expenditure by the War Department in making examinations and surveys for flood control heretofore or hereafter authorized, or in preparing reports in review thereof as authorized by law, in addition to funds heretofore authorized to be expended for such purposes by the War Department.

Sec. 3. [52 Stat. 804](/us/stat/52/804).[33 U. S. C., Supp. IV, § 558b](/us/usc/t33/s558/b).Exchange of land or other property.Buffalo Bayou and tributaries, Tex.[52 Stat. 802](/us/stat/52/802). That section 2 of the River and Harbor Act of June 20, 1938, is hereby made applicable to authorized works of flood control. Sec. 3a. Buffalo Bayou and its tributaries, Texas; the project set forth in House Document Numbered 456, Seventy-fifth Congress, and authorized by Public Law Numbered 685, Seventy-fifth Congress, is hereby modified in accordance with the provisions of section 2 of Public [52 Stat. 1215](/us/stat/52/1215).[33 U.

S. C., Supp. IV, § 701c (note)](/us/usc/t33/s701c).Ohio River Basin.[52 Stat. 1217](/us/stat/52/1217).Law Numbered 761, Seventy-fifth Congress, and all requirements of local cooperation inconsistent with said section 2 are hereby eliminated. Sec. 4. The flood-control plan for the Ohio River Basin authorized in section 4 of the Act of Congress June 28, 1938 (Public, Numbered 53 Stat. 1415761, Seventy-fifth Congress), shall include the Muskingum RiverInclusion of Muskingum River Valley Dams, etc.

Valley Dams and reservoirs as set forth in the official plan of the Muskingum Watershed Conservancy District and the provisions of section 2 of the said Act shall apply thereto: *Provided, however*,*Provisos*.Reimbursements; sums included. That the reimbursements in connection with the Muskingum project shall include, in addition to payments to landowners, the reasonable expenses of acquiring lands, easements, or rights-of-way heretofore transferred to the United States, as well as those hereafter transferred and the reasonable expenditures made in acquiring lands or rights-of-way transferred to railroads or other utilities in connection with the relocation of such facilities other than highways.

Such reimbursements shall be made from funds heretofore or hereafter appropriated and shall not exceed actual expenditures made by theRestriction. Muskingum Watershed Conservancy District that are deemed reasonable by the Secretary of War and the Chief of Engineers nor include any expenditures for the relocation of highways nor any funds provided by the State of Ohio nor by any State or Federal agency other than the Muskingum Watershed Conservancy District: *Provided further*, That the Secretary of War is authorized to pay toConditional payment to district. said district forthwith on the passage of this Act, the sum of $1,500,000, on verification of the fact that reimbursable expenditures in such amount have been made by the district, and on the agreement of the district, duly certified to the Secretary of War, that it will proceed immediately to convey and transfer any assets acquired through such expenditures not already conveyed, but such payment may be made prior to the actual transfer of title to lands, easements, rights-of-way, and other property: *And provided further*, That theDistrict relieved of obligation to operate dams.

Muskingum Watershed Conservancy District is hereby relieved of any obligation to maintain and operate the dams. Sec. 5. Section 2 of Public Law Numbered 761, Seventy-fifth[52 Stat. 1215](/us/stat/52/1215).[33 U. S. C., Supp. IV, § 701c (note)](/us/usc/t33/s701c).Validity of title to lands, easements, etc., acquired. Congress, is hereby amended by adding the following: “*Provided further*, That in all cases of the acquisition hereunder by the United States from the Los Angeles County Flood Control District or the Muskingum Watershed Conservancy District of lands, easements, or rights-of-way, wherein the written opinion of the Attorney General in favor of the validity of the title to such lands, easements, or rights-of-way is or may be required or authorized by law, the Attorney General may, in his discretion, base such opinion uponBasis of opinion. a certificate of title of the district from which said lands, easements, or rights-of-way are to be acquired accompanied by an agreement, duly executed by the district in conformity with the constitutions and laws of the State where the district in question is situated to indemnify the United States against all claims, liabilities, loss, expenses, and attorneys’ fees of whatsoever kind or nature, resulting from or arising out of any defect or defects whatsoever in the title to any such lands, easements, or rights-of-way so conveyed to the United States, including all just compensation, costs, and expenses which may be incurred in any condemnation proceeding deemed necessary and instituted by the United States in order to perfect title to any such lands, easements, or rights-of-way.

” Sec. 6. The Secretary of War is hereby authorized and directedPreliminary flood-control examinations, etc. to cause to be performed under the supervision of the Chief of Engineers preliminary examinations and surveys for flood control, including floods aggravated by or due to tidal effect, at the following-named localities, and the Secretary of Agriculture is authorized and directed to cause preliminary examinations and surveys for run-offSurveys for soil-erosion prevention. and water-flow retardation and soil-erosion prevention on the watersheds of such localities; the cost thereof to be paid from appropriations heretofore or hereafter made for such purposes: *Provided*,*Provisos*.Supervision.

That the surveys authorized to be performed under the direction 53 Stat. 1416of the Secretary of War as well as all duties performed by the Chief of Engineers under the direction of the Secretary of War shall be functions of the Engineer Corps, United States Army, and its head, to be administered under the direction of the Secretary of War and the supervision of the Chief of Engineers except as otherwise Authority of Federal Power Commission not impaired.[52 Stat. 1215](/us/stat/52/1215).[33 U.

S. C., Sapp. IV, ch. 15](/us/usc/t33/s15).Surveys limited to works designated.specifically provided by Congress: *Provided*, That the power and authority conferred by the Flood Control Act of June 28, 1938, and previously conferred, upon the Federal Power Commission shall remain in full force and effect: *Provided*, That no preliminary examination, survey, project, or estimate for new works other than those designated in this or some prior Act or joint resolution shall Supplemental reports restricted.be made: *Provided further*, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed, are submitted, no supplemental or additional report or estimate shall be made unless authorized by law:

Adoption of project by law, requirement.*And provided further*, That the Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until the project for the proposed work shall have been adopted by law: Connecticut River, Mass.Connecticut River in the State of Massachusetts, between the Hatfield town line above Coolidge Bridge and the Narrows at Mount Tom. Green River, Mass.Green River, Massachusetts. Bellows Pond and Canada Lake drainage area, N.Y.Bellows Pond and Canada Lake drainage area, Fulton County, New York.

Owasco Inlet, etc., and tributaries, N. Y.Owasco Inlet, Owasco Outlet, and their tributaries, Cayuga and Tompkins Counties, New York; Crane Brook, Jericho Brook, and Cold Spring Brook in Cayuga County, New York. Mohawk River, N.Y.Mohawk River, New York. Delaware River, Morrisville, Pa.Delaware River and its tributaries at, and in the vicinity of, Morrisville, Bucks County, Pennsylvania. Neshaminy Creek, Bucks Co., Pa.Neshaminy Creek, Bucks County, Pennsylvania. Pequest River and tributaries, N.

J.Pequest River and its tributaries in Warren and Sussex Counties, New Jersey. Lumber River and tributaries, N. C. and S. C.Lumber River and its tributaries, North Carolina and South Carolina. Kissimmee River, Fla.Kissimmee River, Florida, including regulation and stabilization of water levels. Black River, La.Black River, Catahoula and Concordia Parishes, Louisiana. Purdy Reservoir on Rush Creek, Okla.Purdy Reservoir on Rush Creek, Oklahoma. Dirty Creek, Okla.Dirty Creek, Muskogee County, Oklahoma.

Mangum-Salt Fork, Okla.Mangum-Salt Fork, Greer County, Oklahoma. Fairfax-Kaw City, Okla.Fairfax-Kaw City, Osage County, Oklahoma. Leaf and Bowie Rivers, Miss.Leaf and Bowie Rivers and their tributaries, Mississippi. Hobolochito River, Miss.Hobolochito River, Mississippi. Hatchie River, Miss, and Tenn.Hatchie River and tributaries, Mississippi and Tennessee. North Fork, Clinch River, Va. and Tenn.North Fork of the Clinch River, Virginia and Tennessee. Auglaize, etc., Rivers, Ohio.Auglaize, Blanchard and Ottawa Rivers and their tributaries, Ohio.

Whiteoak and Straight Creeks, Ohio.Whiteoak and Straight Creeks, Ohio. Portage River, Ohio.Portage River and its tributaries, with particular reference to the Middle Branch, in Ohio. Kentucky River, Ky.Kentucky River and its tributaries, Kentucky. Wabash River and tributaries, Ind. and Ill.Wabash River and its tributaries, Indiana and Illinois. Mississinewa River and tributaries, Ind.Mississinewa River and its tributaries, Indiana. Plum River, Ill.Plum River and its tributaries, Carroll County, Illinois.

Illinois River and tributaries, Ill.Illinois River and its tributaries, including both creeks having the name “Crow”, Gimlet Creek, Farm Creek, and Ten Mile Creek, in Illinois. Edwards River, Ill.Edwards River, Illinois.53 Stat. 1417 Knife River and its tributaries, North Dakota.Knife River and tributaries, N. Dak. Goose River and its tributaries, North Dakota.Goose River and tributaries, N. Dak. South Platte River and its tributaries, Colorado, Wyoming, andSouth Platte River and tributaries, Colo., Wyo., and Nebr.Nebraska.

Neskowin Creek, Oregon.Neskowin Creek, Oreg. Skokomish River, Mason County, Washington.Skokomish River, Mason Co., Wash. Skykomish River, Washington.Skykomish River, Wash. Waimea, Hanapepe, Wailua, and Hanalei Rivers and their tributariesWaimea, etc., Rivers, T. H. and Kapaa Swamp on the island of Kauai, Territory of Hawaii. Anahulu River and other streams and tributaries in the WaialuaAnahulu River, etc., T. H. District and the Kawainui Swamp in the Kailua District, island of Oahu, Territory of Hawaii.

Coamo, La Plata, Patillas, Anasco, Toro Negro, and Toa VacaCoamo, etc., Rivers, P. R. Rivers and their tributaries on the island of Puerto Rico. Wailoa Stream and its tributaries on the island of Hawaii, TerritoryWailoa Stream and tributaries, T. H. of Hawaii. Sec. 7. That the Alamogordo Dam and Reservoir on the PecosAlamogordo Dam and Reservoir, Pecos River, N. Mex., purposes declared. River, New Mexico, is hereby authorized and declared to be for the purposes of controlling floods, regulating the flow of the Pecos River, providing for storage and for delivery of stored waters, for the reclamation of lands, and other beneficial uses, and said dam and reservoir shall be used, first, for irrigation; second, for flood control and river regulation; and third, for other purposes.

The Chief ofReport to Congress. Engineers and the Secretary of War are directed to report to the Congress the amount of the total cost of said Alamogordo Dam and Reservoir which is properly allocable to flood control. The appropriationTransfer of funds authorized. and transfer of such amount from the general fund of the Treasury to the reclamation fund, for credit by reduction of the maximum obligation of the Carlsbad Irrigation District to repay the total cost thereof, is hereby authorized.

Sec. 8. In the case of any local flood-protection work in the OhioOhio River Basin, local flood-protection work; local cooperation requirements. River Basin authorized to be prosecuted by the provisions of section 4 of the Act entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 28, 1938, the President is authorized to[52 Stat. 1217](/us/stat/52/1217). waive the requirements of section 3 of the Flood Control Act,[49 Stat. 1571](/us/stat/49/1571).[33 U.

S. C., Supp. IV, § 701c](/us/usc/t33/s701c). approved June 22, 1936, with respect to local cooperation to the extent of not to exceed 50 per centum of the estimated cost of the lands, easements, and rights-of-way required for such work, if he finds, after investigation, that the city or town to be benefited by such work is, by reason of its financial condition, unable to comply with the requirements of such section 3 with respect to local cooperation. Approved, August 11, 1939.

Authorizing the delegation of certain authority within the Department of Agriculture. 1939-08-11 700 Chapter 53 Stat. 1417 76 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 2024-11-24 public [CHAPTER 700] JOINT RESOLUTION Authorizing the delegation of certain authority within the Department of Agriculture. August 11, 1939[[H.

J. Res. 188](/us/bill/76/hjres/188)][[Pub. Res., No. 51](/us/pubres/76/51)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of AgricultureDepartment of Agriculture.Delegation of certain authority within, authorized. may designate in writing the Director of Finance of the Department of Agriculture or, in his absence, the officer acting in his stead, to sign requisitions upon the Secretary of the Treasury for disbursing funds, and such requisitions shall be as valid as if they had been signed by the Secretary of Agriculture.

Approved, August 11, 1939. To authorize the sale of surplus agricultural commodities, and for other purposes. 1939-08-11 701 Chapter 53 Stat. 1418 76 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 2024-11-24 public 53 Stat. 1418 [CHAPTER 701] JOINT RESOLUTION To authorize the sale of surplus agricultural commodities, and for other purposes.

August 11, 1939[[H. J. Res. 375](/us/bill/76/hjres/375)][[Pub. Res., No. 52](/us/pubres/76/52)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* Surplus agricultural commodities.Sale of, to foreign governments; conditions. That notwithstanding any other provision of law, the Commodity Credit Corporation, with the approval of the President, is authorized to sell surplus agricultural commodities, acquired by such Corporation through its loan operations, to foreign governments on the condition that, except for rotation to prevent deterioration, such commodities shall be held in reserve by such governments for a period of not less than five years from the date of acquisition, and shall not be disposed of unless a war or war emergency results in a serious interruption of normal supplies of such commodities:

Provisos.Price restriction.*Provided*, That under this joint resolution no concession below the prevailing world market price for the unrestricted use of such commodities, as determined by the Secretary of Agriculture, shall be granted, in consideration of the obligation assumed by such governments to hold such commodities in reserve as required hereinbefore, in excess of a maximum amount equal to the average carrying charges, as estimated by the Secretary of Agriculture, that would be incurred if such commodities should be held for an additional Determination of specific cotton to be sold.eighteen months’ period by the Commodity Credit Corporation.

In determining specific cotton to be sold under this Act, the determination shall be made by sampling and selection at the place where the cotton is stored on the date of signing any sales agreement or contract under this Act, and no cotton shall be sold under any such sales agreement or contract which, after such date, is transported to any other place and there sampled and selected: *Provided further*, Settlement.That in case of a sale, settlement must be made within sixty days Limitation on number of bales.after delivery and not more than five hundred thousand bales of cotton shall be sold upon the terms and conditions provided in this joint resolution.

Approved, August 11, 1939. To amend the Act of August 26, 1937. 1939-08-11 716 Chapter 53 Stat. 1418 76 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 2024-11-24 public [CHAPTER 716] AN ACT To amend the Act of August 26, 1937. August 11, 1939[[S. 878](/us/bill/76/s/878)][[Public, No. 397](/us/pl/76/397)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* General Leasing Act, amendment.[50 Stat. 842](/us/stat/50/842).[30 U.

S. C., Supp. IV, § 222i](/us/usc/t30/s222i). That clause

(d)of the Act of August 26, 1937, entitled “To provide for the extension of certain prospecting permits, and for other purposes”, is amended to read as follows: " “(d) Extension of certain oil and gas prospecting permits. Under which at least one well shall have been drilled to a depth of not less than two thousand feet subsequent to August 21, 1935, and prior to January 1, 1939.” " Approved, August 11, 1939. Authorizing construction of water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States. 1939-08-11 717 Chapter 53 Stat. 1418 76 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 2024-11-24 public [CHAPTER 717] AN ACT Authorizing construction of water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States. August 11, 1939[[S. 1802](/us/bill/76/s/1802)][

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