INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTY-FOURTH CONGRESS, FIRST SESSION, 1955
Chap. 26 | Chap. 106 | Chap. 131 | Chap. 147 | Chap. 370 | Chap. 375 | Chap. 422 | Chap. 423 | Chap. 437 | Chap. 444 | Chap. 445 | Chap. 496 | Chap. 498 | Chap. 541 | Chap. 573 | Chap. 578 | Chap. 615 | Chap. 621 | Chap. 623 | Chap. 636 | Chap. 638 | Chap. 641 | Chap. 786 | Chap. 791 | Chap. 868 | Chap. 880

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Public Law 163 | Chapter 370
July 15, 1955 | [H. R. 6766] 69 Stat. 354

AN ACT
Making appropriations for the Atomic Energy Commission, the Tennessee Valley Authority, certain agencies of the Department of the Interior, and civil functions administered by the Department of the Army, for the fiscal year ending June 30, 1956, and for other purposes.

Margin Notes
Chap. 370 Public Works Appropriation Act, 1956.
Chap. 370 360
Chap. 370 361
Chap. 370 68 Stat. 1242. The Dalles Dam, Columbia River. Payment to Indians.
Chap. 370 Relocation funds.
Chap. 370 362
Chap. 370 Small projects.
Chap. 370 Lewis and Clark Irrigation District.
Chap. 370 Buford-Trenton Irrigation District.
Chap. 370 Port of Tacoma. Reimbursement.
Chap. 370 363
Chap. 370 68 Stat. 1253. Brays Bayou, Tex.
Chap. 370 Green Bay Harbor, Wis.
Chap. 370 McCook Lake, S. Dak.

Page 701

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1956, for the Atomic Energy Commission, the Tennessee Valley Authority, certain agencies of the Department of the Interior, and civil functions administered by the Department of the Army, and for other purposes, namely:

TITLE III—CIVIL FUNCTIONS, DEPARTMENT OF THE ARMY

CONSTRUCTION, GENERAL

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment

Page 702

of the Government to construction); and not to exceed $900,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $401,173,000, of which $25,000 shall be available for the project at Playa del Rey Inlet and Harbor, Venice, California, authorized by the River and Harbor Act of 1954, and $68,000 shall be available for The Upper Iowa River Project: Provided, That funds appropriated herein may at the discretion and under the direction of the Chief of Engineers be used in payment to the accounts of the Confederated Tribes of the Yakima Reservation; the Confederated Tribes of the Warm Springs Reservation; the Confederated Tribes of the Umatilla Reservation; or other recognized Indian tribes, and those individual Indians not enrolled in any recognized tribe, but who through domicile at or in the immediate vicinity of the reservoir and through custom and usage are found to have an equitable interest in the fishery, all of whose fishing rights and interests will be impaired by the Government incident to the construction, operation, or maintenance of The Dalles Dam, Columbia River, Washington and Oregon, and must be subordinated thereto by agreement or litigation: Provided further, That not to exceed $210,000 of funds appropriated herein may be transferred to the Secretary of the Interior for relocation of those permanent resident Indian families in The Dalles project who were domiciled within the project area on May 17, 1950, and to acquire such lands as may be necessary therefor on the condition that the Secretary of the Interior transfer to the control of the Secretary of the Army for use in connection with The Dalles Dam project, Oregon, an irregular shaped parcel of land containing in the aggregate approximately five and five-tenths acres located in lot 1 of section 17 and in lots 1 and 2 of section 20, township 2 north, range 15 east, Willamette meridian, Oregon, being a portion of the land previously transferred to the Secretary of the Interior by the Secretary of the Army pursuant to the Act approved February 9, 1929 (45 Stat. 1158). Title to the lands acquired by the Secretary of the Interior for the above stated purpose shall be taken in the name of the United States in trust for the individual Indian for whose benefit it is acquired; any such trust may be terminated by the Secretary of the Interior by conveyance of a fee simple title to the Indian or his heirs or devisees, without application therefor, when in the judgment of the Secretary of the Interior the Indian or his heirs or devisees are capable of managing their own affairs. In carrying out such relocations, the Secretary of the Interior may enter into a contract or contracts with any State or political subdivision thereof: Provided further, That not to exceed $4,500,000 of the funds provided herein shall be available for the construction of small authorized projects selected by the Secretary of the Army the cost of which is not in excess of $150,000 and any such project shall be completed within the funds herein appropriated: Provided further, That in lieu of protecting the Lewis and Clark Irrigation District, not to exceed $2,050,000 of the funds herein or hereafter appropriated for the Garrison Dam and Reservoir project on the Missouri River shall be available for the purchase of lands and improvements in the Lewis and Clark Irrigation District, and not to exceed $1,196,000 shall be available for the relocation of highways and utilities therein: Provided, however, That the substitution of land acquisition for protection shall not be made unless two-thirds of the landowners, on or before December 31, 1955, have offered to sell their property on agreeable terms, and which are within the proportion of the total amount provided for such land acquisition: Provided further, That in lieu of protecting the East Bottom of the Buford-Trenton Irrigation District, not to exceed $1,750,000 of the funds herein or hereafter appropriated for the Garrison Dam and Reservoir project on the Missouri River shall be available for the purchase of lands and improvements in and

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contiguous to the Buford-Trenton Irrigation District, and not to exceed $2,000,000 shall be available to.the Corps of Engineers for protection of the intake structure of the pumping plant in Zero Bottom and for the construction of bank protection to prevent erosion in the Missouri River adjacent to the Buford-Trenton irrigation project: Provided, however, That the substitution of land acquisition for protection shall not be made unless two-thirds of the landowners on or before December 31, 1955, have offered to sell their property on agreeable terms, and which are within the proportion of the total amount provided for such land acquisition: Provided further, That in the event land acquisition is undertaken in lieu of protection of the East Bottom, that in recognition of the increased per acre annual operation and maintenance cost of the remaining lands in the Buford-Trenton Irrigation District the construction charge obligation as set forth in a proposed contract between the United States and Buford-Trenton Irrigation District, approved as to form February 23, 1955, assignable to such remaining lands shall be nonreimbursable, and the Secretary of the Interior is authorized and directed to transfer operation and maintenance responsibility for project works constructed by the Bureau of Reclamation for the benefit of the Buford-Trenton Irrigation District to such district: Provided further, That funds herein appropriated shall be available to the Secretary of the Army to reimburse the port of Tacoma for such work as they may have done within the limits of the Federal portion of the Tacoma Harbor project, over and above the work required as a part of the local cooperation for the project, insofar as the same shall be approved by the Chief of Engineers and found to have been done in accordance with the authorized modification adopted in the 1954 River and Harbor Act: Provided further, That such payment shall not exceed the sum of $373,216: Provided further, That the Corps of Engineers may accept not to exceed $3,000,000 from local interests for prosecution of construction of the authorized project at Brays Bayou, Harris County, Texas, and not to exceed $190,000 for construction of the authorized project at Green Bay Harbor, Wisconsin: Provided further, That funds herein appropriated shall be available for expenditure, in addition to funds heretofore made available for the Oahe, Gavins Point, and Fort Randall Dams and Reservoir projects on the Missouri River, shall be available to cooperate with the State of South Dakota in restoring a reasonable water level to a portion of McCook Lake, Union County, South Dakota, which water level has been impaired and surrounding residential properties damaged by the reduced flow of the Missouri River due to the construction of the Oahe, Fort Randall, and Gavins Point Dam projects: Provided further, That the cost to the United States shall not exceed $150,000: Provided further, That the State or local agencies shall contribute an equal amount to the cost of the restoration works which restoration shall be accomplished by agreement between the Game, Fish, and Parks Commission of the State of South Dakota and the Secretary of the Army acting through the Corps of Engineers.

Approved, July 15, 1955.


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