Page:United States Statutes at Large Volume 58 Part 1.djvu/139

 58 STAT.] 78TH CONG., 2D SESS. -CLH 124-MAR. 22, 1944 [CHAPTER 124] AN ACT For the protection of the water supply of the city of Sitka, Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of land hereinafter described, situated in the Territory of Alaska, is hereby reserved from all forms of location, entry, or appropriation whether under the mineral or nonmineral land laws of the United States, and set aside as a municipal water-supply reserve for the use and benefit of the people of the city of Sitka, a municipal corpora- tion of the Territory of Alaska, as follows, to wit: Beginning at corner numbered 1, identical with milespost 1, on line of United States Survey 1763 between corners numbered 2 and 3 thereof; thence north sixty-four degrees fifty-five minutes fifty seconds east twenty-seven and seventy one-hundredths chains to corner numbered 2 identical with corner numbered 3 of United States Survey Num- bered 1763; thence following the summit of the drainage area of Cascade Creek approximately five and one-half miles to corner num- bered 3; thence south ten degrees east approximately seventy chains to corner numbered 4 at diversion dam on Cascade Creek; thence south thirty degrees east approximately twenty-five chains to corner numbered 5; thence south seventy degrees east approximately eighty- three chains to corner numbered 1, the place of beginning and con- taining approximately three thousand two hundred and thirty-five acres. SEc. 2. The lands hereinbefore described and reserved for munici- pal water-supply purposes, which are partly within the Tongass National Forest, shall be administered by the Secretary of Agricul- ture, for the purpose of storing, conserving, and protecting from pollution the said water supply, and preserving, improving, and increasing the timber growth on said lands, to more fully accom- plish such purposes; and to that end said municipality shall have the right, subject to the approval of the Secretary of Agriculture, to the use of any and all parts of the lands reserved for the storage and conveying of water and construction and maintenance thereon of all improvements for such purposes: Provided, That the merchantable timber on the land to be used by the said municipality may be sold by the Secretary of Agriculture under rules and regulations to be pre- scribed by him: And provided further That the right to the use by the city of Sitka of the lands reserved by this Act shall terminate upon the abandonment of the use by such municipality in accordance with the terms of this Act and upon a finding of such nonuse or abandonment, for a period of two years, by the Secretary of Agri- culture, whereupon the reservation created by this Act shall terminate to the extent of such lands involved. SEc. 3. The Secretary of Agriculture is hereby authorized to pre- scribe and enforce such regulations as may be found necessary to carry out the purpose of this Act, including the right to forbid per- sons other than those authorized by him and the municipal authorities of said municipal corporation from entering or otherwise trespassing upon these lands, and any violation of this Act or of regulations issued thereunder shall be a misdemeanor and shall be punishable as is provided for in section 5050, Compiled Laws of Alaska, 1933. SEC. 4. Nothing herein contained shall affect any valid right or claim to any part of said lands heretofore acquired under any law of the United States. March 22, 1944 [H. B. 2956] [Public Law 262] Sitka, Alaska. Land set aside as municipal water-sup- ply reserve. Description. Administration. Right of munici- pality. Sale of timber. Termination. Regulations. Existing right not affected. 119

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