Page:United States Statutes at Large Volume 79.djvu/1165

 79 STAT. ]

PUBLIC LAW 89-304-OCT. 30, 1965

1125

Public Law 89-304 AN ACT

October 30, 1965

To authorize the Secretary of the Interior to initiate with the several States a cooperative program for the coiu>iervation, development, and enhancement of the Nation's anadromous fish, and for other imrposes.

[H. R. 23]

Be it enacted by the Siermfe and Hmine of Representatives of the United Imitates of America in (Jonqres^ a>piemhled. That (a) for the »

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Anadromous and

1 Great Lakes fish-

purpose OT conserving, developing, and enhancing within the severai eries. States the anadromous fisheiy resources of the Nation that are subject conservation. to depletion from water resources developments and other causes, or with respect to which the United States has made conservation commitments by international agreements, and for the purpose of conserving, developing, and enhancing the fish in the Great Lakes that ascend streams to spawn, the Secretary of the Interior is authorized to enter into cooperative agreements with one or more States, acting jointly or severally, that are concerned with the development, conservation, and enhancement of such fish, and, whenever he deems it appropriate, with other lion-Federal interests. Such agreements shall cooperative describe (1) the actions to be taken by the Secretary and the cooper- sfons'^uh'^thT^ ating parties, (2) the benefits that are expect-ed to be derived by the states. States and other non-Federal interests, (8) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal (xovernment and by the States and other non-Federal interests: Provided, That the Federal share, including the operation and maintenance costs ^ Federal^ and of any facilities constructed by the Secretary pursuant to this Act, costs. which he annually determines to be a proper Federal cost, shall not exceed 50 per centum of such costs exclusive of the value of any Federal land involved: Provided further. That the non-Federal share may be in the fonn of real or [^ersonal property, the value of which will be determined by the Secretary, as well as money, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or persoiial property acquired by the Secretary during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable. (b) The Secretary may also enter into agreements with the States Management for the operation of any facilities and management and administration of any lands or interests therein acquired or facilities consti-ucted pursuant to this Act. SEC. 2. The Secretary, in accordance with any agreements entered sviTeys"^studils'. into pursuant to section 1(a) of this Act, is authorized (1) to conduct etc. such investigations, engineering and biological siiiTeys, and research as may be desirable to carry out the program: (2) to carry out stream clearance activities; (3) to construct, install", maintain, and operate devices and structures for the improvement of feeding and spawning conditions, for the protection of fishery resources, and for facilitating the free migration of the fish: (4) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act: (5) to conduct su<'h studies and make such recommendations as the Secretary determines to be appropriate regarding the development and management of any stream or other body of water for the consenation and enhancement of anadromous fishery I'esourc-es and <lie fish in the (xreat Lakes that ascend streams to spawn: Provided, That the reports on such studies and the recommendations of the Reports to Secretary shall be transmitted to the States, the Congress, and the and^oth^s?'''^^*^ Federal water I'esouires construction agencies for their information: Provided fvrthet'. That this Act shall not be construed as authorizing the formulation or constluction of water resources projects, exGept

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