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Act whose name appears on the roll of the tribe prepared pursuant to section 1 of the Act of September 14, 1961 (75 Stat. 508), and to each child living on the date of this Act who was born after September 14, 1961, and who possesses aboriginal Omaha blood of the degree of one fourth or more except for any such child who is enrolled with any other tribe of Indians. The balance of such funds and the interest thereon, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary. The amount of $150,000 of said funds and any interest thereon shall not be distributed, advanced or expended until said $150,000 and any interest thereon becomes available for disbursement pursuant to the terms of the final judgment dated April 14, 1964, by the Indian Claims Commission in docket numbered 138."

The committee amendment was agreed to.

Mr. HALEY. Mr. Speaker, I ask unanimous consent to extend my remarks at this point in the RECORD.

The SPEAKER pro tempore. Is there Is there objection to the request of the gentleman from Florida?

There was no objection.

Mr. HALEY. Mr. Speaker, in explanation of H.R. 8917, may I state that this is another piece of legislation to distribute judgment funds to an Indian tribe. The Omaha Tribe of Nebraska was awarded $134 million by the Indian Claims Commission in its suit against

the United States. Under the treaties of 1825 and 1827, the Indians ceded portions of their land holdings in Iowa and Missouri to the United States. In 1952 attorneys for the tribe filed a case in the Indian Claims Commission claim

ing that inadequate compensation had been made by the Government in payment for the land. In 1963 the Commission rendered a decision favorable to the Omahas and recommended payment amounting to $1,750,000. On June 9, 1964 funds were appropriated to pay the judgment and the funds are now in the Treasury accumulating interest at 4 percent per annum.

Our bill provides that after payment of necessary attorney and litigation expenses the Secretary of the Interior shall make a per capita distribution of not more than $270 to each Omaha Indian whose name appears on the tribal roll prepared pursuant to the act of September 14, 1961, when an earlier settlement was made to the same tribe, and also to each living child born after September 14, 1961, who possesses Omaha blood in the amount of one-quarter or more unless the child is enrolled with another tribe. The remainder of the judgment plus accrued interest may be expended for purposes authorized by the tribal governing body and approved by the Secretary of the Interior.

Because of a possible conflicting claim, $150,000 of the principal amount is to be withheld pending settlement of a docket the Yankton Sioux has before the Indian Claims Commission.

Sections 2, 3, 4, and 5 of the bill are the usual provisions placed in judgment bills.

H.R. 8917 was amended in the committee in order to clarify a blood quantum difference between the tribal constitution and the rules under which an

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to the States of Connecticut, Rhode Island, and Vermont to enter into a compact providing for bus taxation proration and reciprocity substantially ation proration and reciprocity substantially II, section 201, of Public Law 89-11, approved in the form of the compact set forth in title April 14, 1965 (79 Stat. 60). II, section 201, of Public Law 89-11, approved

SEC. 2. The right to alter, amend, or repeal this Act is expressly reserved.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

EXTENDING DESIGN PATENT OF INSIGNIA OF MASSACHUSETTS DEPARTMENT OF THE UNITED AMERICAN VETERANS OF THE UNITED STATES OF AMERICA, INC. The Clerk called the bill (H.R. 7888) providing for the extension of patent numbered D-119,187.

There being no objection, the Clerk read the bill, as follows:

H.R. 7888

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) a certain design patent issued by the United States Patent Office of date February 27, 1940, being patent numbered D-119,187, which is the insignia of the Massachusetts Department of the United States of America,

Incorporated, is hereby renewed and extended for an additional period of 14 years from and after the date of enactment of this act, with all the rights and privileges pertaining to the same, being generally known as the insignia of the Massachusetts Department of the United American Veterans of the United States of America, Incorporated; (b) no person who has manufactured the design of such patent between February 27, 1954, and the date of the enactment of this act shall be held liable for infringement of such patent by reason of the continued manufacture and sale thereof.

With the following committee amendment:

On page 1, line 6, after "United" insert "American Veterans of the United".

The committee amendment was agreed to.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

PROHIBITING COMMERCIAL MISUSE OF THE INTERSTATE ROUTE MARKER

The Clerk called the bill (H.R. 9867) to provide penalties for the use of the interstate route marker for commercial purposes.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. HALL. Mr. Speaker, reserving the right to object, I should like to interrogate the sponsor of the bill.

I note that the distinguished chairman and subcommittee chairman are both here. I am familiar by personal experience with the fact that the marking of our Interstate System highways is not a function of the Bureau of Public Roads

or the Department of Commerce, but is a function of a committee established for this purpose which is seated in Detroit, Mich. I am sure that many of the Members here know that. However, I would like to know if this is at the request of this committee for the marking of the Federal Interstate System highways, or with their knowledge, or if there is any report thereon?

Mr. CELLER. Mr. Speaker, will the gentleman yield?

Mr. HALL. I am glad to yield to the chairman.

Mr. CELLER. We have the request from the Secretary of Commerce and those under him who have control of the Interstate System. It would appear that a number of firms have put advertising in a certain sense the Federal Governon these highways markers. It makes ment a coconspirator in this deception. For that reason we feel commercial firms using these markers for their own business purposes are doing a mischief and

they should be precluded from doing this, and sanctions should be invoked if they do so. I cannot answer directly the gentleman's question except that we had a very comprehensive communication from the Secretary of Commerce and particularly those under him having control of the Interstate System highways.

Mr. HALL. Mr. Speaker, I wonder if the chairman of the subcommittee has anything to add, particularly with respect to this nonpartisan or nonbureau committee that has to do not only with routing but with the marking of all the interstate and intrastate highways.

Mr. WILLIS. Mr. Speaker, will the gentleman yield?

Mr. HALL. I am glad to yield to the gentleman.

Mr. WILLIS. I join with the explanation of the chairman of the full committee, the gentleman from New York [Mr. CELLER]. This bill was introduced at the request of the Department of Commerce. I must say to the gentleman that I assume that the organizations to which he refers necessarily have joined in the request. I do not or cannot overstate the matter by saying that I know it, but I assume it must necessarily be so.

Mr. HALL. I see nothing wrong with the bill as presented, and I certainly think I understand the point that we do not want to create mischief by emulation of or attachments, as far as advertising is concerned or doing anything which would obstruct the vision on these Interstate System highways. However, I would say to the gentleman that oftentimes this committee in Detroit is not in agreement with the Bureau of Public Roads or the Department of Commerce as far as certain routings, maps, markings, and things of that type, are concerned. I think it serves a very useful purpose to have this nonpartisan or nonbureau agency, concerned in such matters insofar as it is dedicated to the traveling public.

Mr. Speaker, I withdraw my reservation of objection.

Mr. GIBBONS. Mr. Speaker, I reserve the right to object.

Mr. Speaker, will the gentleman from Louisiana please answer this question? In my State there are a number of tourist attractions that are nationally known and have national reputations such as Cypress Gardens. I have seen Interstate System signs pointing to Cypress Gardens, although this is a privately owned concern. Would this legislation outlaw that type of sign?

Mr. WILLIS. If the gentleman will yield, it would not. The bill is clear. It says specifically that whoever would erect or display any sign which is an imitation of the route marker in a manner reasonably calculated to convey and for the purpose of conveying the false impression that the sign denotes that a Government agency is sponsoring the project will be subject to this.

Mr. GIBBONS. Mr. Speaker, I thank the gentleman for his explanation and I withdraw my reservation of objection.

The SPEAKER. Is there objection to the present consideration of the bill?

There being no objection, the Clerk read the bill, as follows:

H.R. 9867

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 33 of title 18 of the United States Code, is amended by adding the following new section:

"§ 713. Interstate route marker

"Whoever erects or displays any sign, emblem, or insignia which is or contains a colorable imitation of the route marker of the National System of Interstate and Defense Highways, in a manner reasonably calculated to convey, and for the purpose of conveying, the false impression that the sign, emblem, or insignia denotes a department, agency, bureau, or instrumentality of the United States, shall be fined not more than $250 or imprisoned not more than six months,

or both. The section shall not make unlawful the use of any such sign, emblem, or insignia which was lawful on the date of the enactment of this section."

With the following committee amendment:

After line 5, page 2, add the following new section:

"SEC. 2. The chapter analysis of chapter 33 of title 18 of the United States Code is amended by adding at the end thereof the following:

"713. Interstate route marker."

The committee amendment was agreed to.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

basis of one-half of one month's basic pay of the grade in which the member is serving at the time of his release from active duty. A person covered by this subsection may not be paid more than two years' basic pay of the grade in which he is serving at the time of his release or $15,000, whichever amount is the lesser.";

(2) by amending clause (3) of subsection (a) by striking out "severance" and inserting in place thereof "readjustment";

(3) by amending subsection (b) to read as follows: "(b) Subsection (a) does not apply to a member who

"(1) is released from active duty at his request;

"(2) is released from active duty for training;

"(3) under regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, is released from active duty because of moral or professional dereliction;

"(4) upon release from active duty, is immediately eligible for retired pay or retainer pay based entirely on his military service;

"(5) upon release from active duty, is immediately eligible for severance pay (other than under section 680 of this title) based on his military service and who elects to receive that severance pay; or

"(6) upon release from active duty is immediately eligible for disability compensation under a law administered by the Veterans' Administration and who elects to receive that compensation.

However a member covered by clause (6) may receive a readjustment payment under this section and disability compensation if an amount equal to 75 per centum of the readjustment payment is deducted from the disability compensation. This subsection does not prevent a member who elects to receive a readjustment payment under this section from becoming entitled to disability comafter he makes that election."; and

AMENDMENT OF TITLES 10 AND 37, pensation based on his service performed

UNITED STATES CODE

The Clerk called the bill (H.R. 9778) to amend titles 10 and 37, United States Code, to codify recent military law, and to improve the code.

There being no objection, the Clerk read the bill as follows:

H.R. 9778

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 173 (c) of title 10, United States Code, is repealed.

SEC. 2. Section 687 of title 10, United States Code, is amended

(1) by striking out the first sentence of subsection (a) and inserting in place thereof the following new sentences: "Except for members covered by subsection (b), a member of a reserve component or a member of the Army or the Air Force without component who is released from active duty involuntarily, or because he was not accepted for an additional tour of active duty for which he volunteered after he had completed a tour of active duty, and who has completed, immediately before his release, at least five years of continuous active duty, is entitled to a readjustment payment computed by multiplying his year of active service (other than in time of war or of national emergency declared by Congress after June 28, 1962), but not more than eighteen, by two months' basic pay of the grade in which he is serving at the time of his release. However, a member who is released from active duty because his performance of duty has fallen below standards prescribed by the Secretary concerned, or because his retention on active duty is not clearly consistent with the interests of national security, is entitled to a readjustment payment computed on the

(4) by strking out subsection (e), and by adding the following new subsection:

"(f) If a member who received a readjustment payment under this section after June 28, 1962, qualifies for retired pay under any provision of this title or title 14 that authorizes his retirement upon completion of twenty years of active service, an amount equal to 75 per centum of that payment, without interest, shall be deducted immediately from his retired pay."

SEC. 3. Section 1478 (a) (4) of title 10, United States Code, is amended by striking out", United States Code" in two places.

SEC. 4. Section 2031(d) of title 10, United States Code, is amended

(1) by striking out "retired" at the beginning of clause (1) and inserting in place thereof "Retired"; and

(2) by striking out "notwithstanding" at the beginning of clause (2) and inserting in place thereof "Notwithstanding".

SEC. 5. Section 2109 (b) (3) of title 10, United States Code, is amended by inserting "and" at the end thereof.

SEC. 6. Section 2110(a)(1) of title 10,

United States Code, is amended by striking out "education" and inserting in place out "education" and thereof "educational".

SEC. 7. (a) Chapter 163 of title 10, United States Code, is amended by redesignating section 2736, relating to property loss, or personal injury or death, incident to the use of property of the United States and not law, as section cognizable under other "2737".

(b) Chapter 163 of title 10, United States Code, is further amended by redesignating item 2736 of the analysis, relating to property loss, or personal injury or death, incident to the use of property of the United States and not cognizable under other law, as item "2737".

SEC. 8. Section 3012(b) of title 10, United States Code, is amended to read as follows:

"(b) The Secretary is responsible for and has the authority necessary to conduct all affairs of the Department of the Army, including

"(1) functions necessary or appropriate for the training, operations, administration, logistical support and maintenance, welfare, preparedness, and effectiveness of the Army, including research and development;

"(2) direction of the construction, maintenance, and repair of buildings, structures, and utilities for the Army;

"(3) acquisition of all real estate and the issue of licenses in connection with Government reservations;

"(4) operation of water, gas, electric, and sewer utilities; and

“(5) such other activities as may be prescribed by the President or the Secretary of Defense as authorized by law.

He shall perform such other duties relating to Army affairs, and conduct the business of the Department in such manner, as the President or the Secretary of Defense may prescribe. The Secretary is responsible to the Secretary of Defense for the operation and efficiency of the Department. After first informing the Secretary of Defense, the Secretary may make such recommendations to Congress relating to the Department of Defense as he may consider appropriate."

SEC. 9. Section 3036(a) of title 10, United States Code, is amended to read as follows: "(a) There are in the Army the following officers:

States Code, is repealed.

court-martial jurisdiction of the Air Force or the Army" and inserting in place thereof "military law".

SEC. 21. Section 209 of title 37, United States Code, is amended—

(1) by striking out ", United States Code," by striking out "twenty" and inserting in place thereof "20", and by striking out "section 6(d) (1) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456 (d) (1))" and inserting in place thereof "section 456 (d) (1) of title 50, appendix", in subsection (a); and

(2) by striking out ", United States Code," in subsection (c).

SEC. 22. Section 302 (b) (3) of title 37, United States Code, is amended by striking out "and" at the end thereof and inserting in place thereof "or".

SEC. 23. Section 403(a) of title 37, United States Code, is amended to read as follows:

section or by another law, a member of a "(a) Except as otherwise provided by this

uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the following monthly rates accord

ing to the pay grade in which he is assigned or distributed for basic pay purposes:

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"(1) Chief of Engineers.

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"(2) Surgeon General.

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"(3) Judge Advocate General.

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"(4) Chief of Chaplains."

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SEC. 10. (a) Section 3038 of title 10, United

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(b) The analysis of chapter 305 of title 10, United States Code, is amended by striking out the following item:

"3038. Chief of Engineers: additional duties."

SEC. 11. Section 3533 of title 10, United States Code, is amended by striking out "upon the recommendation of the Chief of Engineers, and".

SEC. 12. Section 4508 of title 10, United States Code, is amended by striking out "Chief of Ordnance" wherever it appears and inserting in place thereof "Secretary".

SEC. 13. Section 4565 (a) of title 10, United States Code, is amended by striking out "Quartermaster General" and inserting in place thereof "Secretary".

SEC. 14. Section 4712(a) of title 10, United States Code, is amended by striking out "the court-martial jurisdiction of the Army or the Air Force" and inserting in place thereof "military law".

SEC. 15. Section 4834 of title 10, United States Code, is amended by striking out the designation "(a)" and subsection (b).

SEC. 16. Section 5036(a) of title 10, United States Code, is amended by striking out "and the Assistant Secretary of the Navy for Air" and "and the Assistant Secretary for Air". SEC. 17. Chapter 513 of title 10, United States Code, is amended by striking out "pay," in item 5149 of the analysis and in the catchline for section 5149.

SEC. 18. Section 9343 of title 10, United States Code, is amended by striking out "faculty" in the first sentence and inserting in place thereof "Academy Board".

SEC. 19. Section 9346 of title 10, United States Code, is amended by adding the following new subsection:

"(d) To be admitted to the Academy, an appointee must take and subscribe to an oath prescribed by the Secretary of the Air Force. If a candidate for admission refuses to take and subscribe to the prescribed oath, his appointment is terminated."

SEC. 20. Section 9712(a) of title 10, United States Code, is amended by striking out "the

E-4 (over 4 years' service).
E-4 (4 years' or less service..
E-3.
E-2..
E-1..

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A member in pay grade E-4 (less than four years' service), E-3, E-2, or E-1 is considered at all times to be without dependents."

SEC. 24. Section 404 (d) of title 37, United States Code, is amended

(1) by striking out "by the Chief of Finance of the Army" in clause (1);

(2) by striking out "section" in clause (2) and inserting in place thereof "subsection"; (3) by striking out "$12" in clause (2) and inserting in place thereof "$16";

(4) by striking out "section" in clause (3) and inserting in place thereof "subsection"; and

(5) by adding at the end thereof the following new flush sentence: "Where due to unusual circumstances of a travel assignment the maximum per diem allowance would be less than the amount required to meet the actual and necessary expenses of the trip, reimbursement for such expenses may be authorized, under regulations prescribed by the Secretaries concerned, on an actual expense basis, but not more than the amount specified in the travel authorization, and in any event not more than $30 for each day in a travel status."

SEC. 25. Section 405 of title 37, United States Code, is amended by striking out "a" after "including" in the first sentence and inserting in place thereof "the".

SEC. 26. Section 406 of title 37, United States Code, is amended

(1) by striking out "temporary or permanent change of station" in subsection (b) and inserting in place thereof "change of temporary or permanent station"; and

(2) by inserting "is" before "placed" in subsection (g) (1).

SEC. 27. Section 407 of title 37, United States Code, is amended by striking out "permanent change of station" in subsections (a) and (b) (2) and inserting in place thereof "change of permanent station".

SEC. 28. Section 409 of title 37, United States Code, is amended by striking out "goods" in the first sentence and inserting in place thereof "effects".

SEC. 29. Sections 415 (a), 416(b), and 422(c) of title 37, United States Code, are each amended by striking out ", United States Code,".

SEC. 30. Section 419 of title 37, United States Code, is amended by striking out "716" wherever that figure appears and inserting in place thereof "717".

SEC. 31. Section 701(d) of title 37, United States Code, is amended by striking out "Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force." and inserting in place thereof "Secretary

concerned".

SEC. 32. Section 801 of title 37, United States Code, is amended

(1) by striking out subsection (b); and (2) by striking out "two" in subsection (c) and inserting in place thereof "three". SEC. 33. Section 1001 (b) of title 37, United States Code, is amended by inserting "and allowances" before "matters".

SEC. 34. Section 1007 (c) of title 37, United States Code, is amended by striking out "basic" in the second sentence.

SEC. 35. (a) The Act of September 7, 1962, Public Law 87-649 (76 Stat. 451), is amended as follows:

(1) The first sentence of section 10 (76 Stat. 496) is amended by striking out "(64 Stat. 795)" and inserting in place thereof "(64 Stat. 794)".

(2) Section 14b, headed "Statutes at Large" (76 Stat. 498), is amended by striking out, in the item relating to the Act of September 8, 1950, "1, 4,", "794, 795,", and "231, 252,".

(3) Section 14d, headed "Sections of Title 14, United States Code" (76 Stat. 502), is amended by adding at the end thereof the following:

"(7) Section 471 (a) and (b).”

(b) Clause (2) of subsection (a) of this section is effective as of November 1, 1962.

SEC. 36. (a) Laws becoming effective after June 1, 1965, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency.

(b) References made by other laws, regulations, and orders to the laws restated by this Act shall be considered to be made to the corresponding provisions of this Act.

(c) Actions taken under the laws restated by this Act shall be considered to have been taken under the corresponding provisions of this Act.

SEC. 37. The following laws are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act:

(1) Section 1409 of the Supplemental Appropriation Act, 1953 (66 Stat. 661), as amended by section 2 of the Act of October 9, 1962, Public Law 87-777 (76 Stat. 777). (2) Section 1309 of the Supplemental Appropriation Act, 1954 (67 Stat. 437), as amended by section 2 of the Act of October 9, 1962, Public Law 87-777 (76 Stat. 777). (3) The Act of June 27, 1962, Public Law 87-500 (76 Stat. 111).

(4) Section 1 of the Act of June 28, 1962, Public Law 87-509 (76 Stat. 120).

(5) Section 1 of the Act of July 10, 1962, Public Law 87-531 (76 Stat. 152).

(6) The Act of October 9, 1962, Public Law 87-777 (76 Stat. 777).

(7) Section 6112 of title 10, United States Code.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

ENACTMENT OF TITLE 5, UNITED STATES CODE

The Clerk called the bill (H.R. 10104)

to enact title 5, United States Code, "Government Organization and Employees," codifying the general and permanent laws relating to the organization of the Government of the United States and to its civilian officers and employees.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. PELLY. Mr. Speaker, reserving the right to object, I note that this bill is some 367 pages. In the interest of In the interest of economy and in accordance with precedent, I ask unanimous consent that we waive the printing of the bill in the RECORD.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Washington?

There was no objection.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

There was no objection.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to recon

sider was laid on the table.

SPRUCE KNOB-SENECA ROCKS REC

REATION AREA, W. VA. The Clerk called the bill (H.R. 10330) to provide for the establishment of the Spruce Knob-Seneca Rocks National Recreation Area, in the State of West Virginia, and for other purposes.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. ASPINALL. Mr. Speaker, reserving the right to object, and I hope I will not have to object, I desire to ask a question or two of the sponsor of the bill. This bill, as well as the one following, carries no authorization for appropriation; is that correct?

Mr. STAGGERS. That is correct; there is no authorization for appropriation.

Mr. ASPINALL. Also, as I understand the situation, this bill is written in complete conformity with the provisions of the Land and Water Conservation Fund Act. The Land and Water The Land and Water Conservation Fund Act provides for the purchase of inholdings but does not provide for the purchase of adjacent lands which might be used for these purposes. The purpose of this bill is to bring in harmony the authority of the Department of Agriculture to purchase lands presently outside of the National Forests in order to include them within a recreational area; is that correct?

Mr. STAGGERS. That is my understanding; some 6,000 acres.

Mr. ASPINALL. Mr. Speaker, I withdraw my reservation of objection.

Mr. GROSS. Mr. Speaker, further reserving the right to object, I am not clear as to how many acres are proposed to be purchased for this recreational area; nor am I clear as to whether the Federal Government, having developed this very sizable tract for recreation, hunting and fishing, the people who use it are going to have to buy State fishing licenses from the State of West Virginia.

Mr. STAGGERS. Yes; I am sure that they will. The Government owns a great amount of this land at the present time. There are some 60,000 acres lying outside of the 100,000 acres proposed. It is all within two counties in West Virginia. The gentleman from Colorado [Mr. ASPINALL] asked whether there was any authorization for appropriation. There is not. This is contained within the Land and Water Conservation Act at the present time.

Mr. GROSS. Mr. Speaker, is the gentleman saying that there will be purchased, with Federal funds, 60,000 acres chased, with Federal funds, 60,000 acres of land?

Mr. STAGGERS. It is 6,000 acres in

stead of 60,000. This is a bill which has been passed by the other body and sent over here.

out the years as far as the public land States in the West are concerned. In Colorado big game and small game and fishing licenses are required to hunt upon the public domain.

Mr. GROSS. Does not the gentleman from Colorado think it is about time that we arrived at some kind of legislation to provide for a Federal fishing license?

Mr. ASPINALL. If my friend will permit an answer in this respect, I do not believe that that time is yet here.

Mr. GROSS. The gentleman does not think it is?

Mr. ASPINALL. I do not think so. I believe that the game and fish operations are best preserved by the States themselves.

Mr. GROSS. Well, of course, the State is not preserving this. This burden or expense is falling upon the taxpayers of the entire country.

Mr. ASPINALL. If the gentleman will yield further, the game and fish values are preserved by the States. They are propagated by the States and they are conserved by the States, even though the lands are public lands.

Mr. GROSS. Would the gentleman say that they cannot obtain fish to stock

Mr. GROSS. Which is it 6,000 or a lake, reservoir, or pond in this recrea60,000?

Mr. STAGGERS. It is 6,000.

Mr. GROSS. What would be the average cost of the acquisition of this land? Mr. STAGGERS. It is all mountain land, in the scenic part of West Virginia. The highest part of the State's Spruce Knob is some 4,860 feet. There is no farming in that area and there is no salable lumber in that area.

Mr. GROSS. Mr. Speaker, I would like to ask this question. In other national recreation areas are those who use them, and who come from other States, required to buy fishing licenses?

Mr. STAGGERS.

Yes.

tional area from the Federal hatcheries? Mr. ASPINALL. If the gentleman will yield further, I am saying that there are not enough Federal fish hatcheries to do any kind of a job throughout the United States. That is the fact.

Mr. GROSS. If the hatcheries had the fish they could be planted in such a water storage area and they would get them, would they not?

Mr. ASPINALL. They would get them under the same terms that they get the young fish, the fry, out of State hatcheries.

Mr. GROSS. I cannot agree with my friend, the gentleman from Colorado Mr. ASPINALL. Mr. Speaker, will the [Mr. ASPINALL], that the time is not yet gentleman yield to me?

Mr. GROSS. I yield to the gentleman. Mr. ASPINALL. This is written in complete conformity with the Land and Water Conservation Fund Act. Anyone Anyone fishing and hunting within a State must purchase a State license. If he is a nonresident he must purchase a nonresident license. Not only that, as I understand, in this particular area fees will be charged entrance fees or user fees will be charged for the use of the areas as they are developed by the National Forest Service. This is a part of the Land and Water Conservation Act law, and as my friend will remember, that passed a year ago, which legislation, by the way, has had some criticism recently of its administration and enforcement. But, may I say, that our latest report is that by and large the Land and Water Conservation Fund Act is working very well.

Mr. GROSS. Then, in order to use an area that has been developed by the taxpayers' money of all the United States, those taxpayers who use it will be required not only to pay an admissions fee but to buy a fishing license, a nonresident fishing license, in that State; is that right?

Mr. ASPINALL. If my colleague will yield to me, this has been true through

here for a Federal fishing license which would not only yield something to the States but would also yield some revenue to the Federal Government from fishing areas that have been developed by Federal tax money.

Mr. Speaker, I withdraw my reservation.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. JOHNSON of Pennsylvania. Mr. Speaker, further reserving the right to object, I would like to further interrogate the gentleman from West Virginia.

This seems to be the first authorization of buying recreation lands under the new fund which we set up in 1964.

I believe the gentleman from West Virginia is in error with respect to the number of acres to be acquired.

According to the report; yes, only 6,000 acres have newly been authorized as being outside the inland definition, but there is going to be 100,000 acres and the Government only owns 40,000. The park is to be composed of 100,000 acres. So, therefore, there will be 60,000 acres purchased; is that not correct?

Mr. STAGGERS. If the gentleman will yield. The total amount to be purchased is 6,000 acres.

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correct?

Mr. ASPINALL. Mr. Speaker, if the gentleman from Pennsylvania will yield to me, by and large these will be Federal funds or the State's share of Federal funds from the land and water conservation fund.

Now, Mr. Speaker, the gentleman is correct insofar as the cost is concerned. But this is a very small expense when one considers it in relation to other recreational areas that we are providing for different sections of the United States at the present time.

Today we have on the calendar the Assateague Island Seashore area which is estimated to cost in the neighborhood of $20 to $25 million.

We just got through taking care of a recreational area in the gentleman's home State, where the cost would amount, of course, to much more than that before we get through with it.

What we are trying to do and I have nothing to do with this legislation; in fact I did not know it was on the calendar until I studied this bill last weekend-what we are trying to do is to get these recreational areas scattered throughout the Nation so the people will not all congregate at just a few places. Mr. JOHNSON of Pennsylvania. Mr. Speaker, further reserving the right to object, under the conservation fund the State must match the money. This bill says that the Department of Agriculture may go ahead and buy this land. Is there any action on the part of the Legislature of West Virginia setting up $3.5 million of matching funds?

Mr. ASPINALL. There is none, be

cause these moneys are available to the Department of Agriculture. The State of West Virginia, if it wishes, can operate it if it is a plan that is satisfactory to the Secretary of the Interior, but there is no provision in this particular instance for matching funds, nor is there in the bill which is to follow.

Mr. TEAGUE of California. Mr. Speaker, will the gentleman yield? Mr. JOHNSON of Pennsylvania. I yield to the gentleman from California. Mr. TEAGUE of California. I happen I happen to be a member of the subcommittee of the Committee on Agriculture which heard not only this proposition, but the next, relative to the Mount Rogers National Recreation Area. The subcommittee considered both of these proposals very carefully. We were entirely satisfied with the testimony that was presented to us and the subcommittee, including the minority members, unanimously voted to approve both this and the next bill.

Mr. JOHNSON of Pennsylvania. Mr. Speaker, may I ask another question? The rule of the objectors commit

tee is that they never agree to an expenditure beyond $1 million. If we pass this bill are we not requiring the Department of Agriculture to dip into the land and conservation fund to the extent of $3.5 million to buy this land?

Mr. ASPINALL. My questioning of the gentleman from West Virginia [Mr. STAGGERS] included that very question. We are not doing what the gentleman has just stated. We are bringing this in line with the general authorizations we have given in the Land and Water Conservation Act. We are making it mandatory after passage of a bill similar to this to go before the Appropriations Committee just as they would in any instance to get money from the land and water conservation fund.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. STAGGERS. Mr. Speaker, I ask unanimous consent that a similar Senate bill, S. 7, be considered in lieu of H.R. 10330.

There being no objection, the Clerk read the bill, as follows:

S. 7

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to provide for the public outdoor recreation use and enjoyment thereof by the people of the United States, the Secretary of Agriculture shall establish the Spruce KnobState of West Virginia. Seneca Rocks National Recreation Area in the

SEC. 2. The Secretary of Agriculture (hereinafter called the "Secretary") shall

(1) designate as soon as practicable after this Act takes effect the Spruce Knob-Seneca Rocks National Recreation Area within and adjacent to, and as a part of, the Monongahela National Forest in West Virginia comSmoke Holes, and Seneca Rocks, and lying prised of the area including Spruce Knob, primarily in the drainage of the South Branch of the Potomac River, the boundaries of which shall be those shown on the map entitled "Proposed Spruce Knob-Seneca Rocks National Recreation Area", dated March 1965, which is on file and available for public inspection in the Office of the

Chief, Forest Service, Department of Agri

culture; and

(2) publish notice of the designation in the Federal Register, together with a map showing the boundaries of the recreation area.

SEC. 3. (a) The Secretary shall acquire by purcahase with donated or appropriated funds, by gift, exchange, condemnation, transfer from any Federal agency, or otherwise, such lands, waters, or interests therein within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this Act. For the purpose of section 6 of the Act of September 3, 1964 (78 Stat. 897, 903), the boundaries of 1964 (78 Stat. 897, 903), the boundaries of the Monongahela National Forest, as designated by the Secretary pursuant to section 2 the boundaries of that forest on January 1, of this Act, shall be treated as if they were the boundaries of that forest on January 1, 1965. Lands, waters, or interests therein owned by the State of West Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner.

(b) Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him to implementing the purposes of this Act.

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.SEC. 4. (a) After the Secretary acquires an acreage within the area designated pursuant to paragraph (1) of section 2 of this Act that is in his opinion efficiently administrable to carry out the purposes of this Act, he shall institute an accelerated program of development of facilities for outdoor recretake advantage of the topography and geoation. Said facilities shall be so devised to graphical location of the lands in relation to the growing recreation needs of the people of the United States.

(b) The Secretary may cooperate with all Federal and State authorities and agencies that have programs which will hasten completion of the recreation area and render

services which will aid him in evaluating and effectuating the establishment of adequate summer and winter outdoor recreation facilities.

SEC. 5. The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established.

SEC. 6. The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Spruce Knob-Seneca Rocks National Recreation Area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall ministration, or public use and enjoyment, be permitted for reasons of public safety, adand shall issue regulations after consultation with the Department of Natural Resources of the State of West Virginia.

The Senate bill was ordered to be read a third time, was read the third time, and passed.

A similar House bill (H.R. 10330) was laid on the table.

A motion to reconsider was laid on the table.

ESTABLISHMENT OF THE MOUNT ROGERS NATIONAL RECREATION AREA IN VIRGINIA

The Clerk called the bill (H.R. 10366) to establish the Mount Rogers National Recreation Area in the Jefferson National Forest in Virginia, and for other purposes.

The SPEAKER pro tempore. Is there objection to the present consideration of the bill?

Mr. ASPINALL. Mr. Speaker, reserving the right to object, I would like to propound the same questions which I asked before, either of the gentleman from North Carolina [Mr. COOLEY] or of the gentleman from West Virginia [Mr. STAGGERS].

First, is there any direct appropriation authority granted by this bill? Mr. COOLEY. No.

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