An Act to authorize the Secretary of the Interior to Initiates, program for the conservation, development, and enhancement of the Nations anadromous fish in cooperation with the several States
PL 89-304 (H.R.23), enacted 10/30/1965

79 STAT. ] 
PUBLIC LAW 89-304-OCT. 30, 1965 
1125 
Public Law 89-304 
AN A C T 
October 30, 1965 
To authorize the Secretary of the Interior to initiate with the several States a 
[H. R. 23] 
cooperative program for the coiu>iervation, development, and enhancement of 
the Nation's anadromous fish, and for other imrposes. 
Be it enacted hy the Siermfe and Hmine of Representatloes 
of the 
United Imitates of America in (Jonqres^ a>i>iemhled. That (a) for the 
Anadromous and 
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1 
1 
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1 
1 
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1 Great Lakes fish-
purpose O
T conserving, developing, and enhancing within the severai eries. 
States the anadromous fisheiy i-esources of the Nation that are subject 
conservation. 
to depletion from water resources developments and other causes, or 
with respect to which the T'nited States has made conservation com-
mitments by international agreements, and for the purpose of conserv-
ing, 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, con-
servation, 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 (xovern-
ment and by tlie 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 sucli 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 [^ei-sonal 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 pei-soiial property acquired by the Secretary during or at the 
end of the term of the agreement, and (7) such other terms and condi-
tions as he deems desirable. 
(b) The Secretary may also enter into agi-eements 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 i-esearch 
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 spaw^ning 
conditions, for the protection of fishery resources, and for facilitating 
the free migration of the fish: (4) to construct, operate, and main-
tain 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 develop-
ment 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: 
Pi'orided fvrthet'. That this Act shall not be construed as authorizing 
the formulation or constluction of water resources projects, exGei>t 
1126 
PUBLIC LAW 89-305-OCT. 30, 1965 
[79 STAT. 
Appropriations. 
Recommenda-
tions to HEW. 
60 Stat. 1081. 
that water resources projects which are determined by the Seretary 
to be needed solely for the conservation, protection, and enhancement 
of such fish may be planned and consti-ucted by the Bureau of Recla-
mation in its currently authorized geographic area of responsibility, 
or by the Corps of Engineers, or by the Department of Agriculture, 
or by the States, with funds made available by the Secretary undei* 
this Act and subject to the cost-sharing and appropriations provisions 
of this Act; (6) to acquire lands or interests therein by purchase, 
lease, donation, or exchange for acquired lands or public lands under 
his jurisdiction which he finds suitable for disposition: Provided^ 
That the lands or interests therein so exchanged shall involve approx-
imately equal values, as determined by the Secretary: Provided 
fur-
ther^ That the Secretary may accept cash from, or pay cash to, the 
grantor in such an exchange in order to equalize the values of the 
properties exchanged; (7) to accept donations of funds and to use 
such funds to acquire or manage lands or interests therein; and (8) 
to administer such lands or interests therein foi- the purposes of this 
Act. 
Title to lands or interests therein acquired pursuant to this 
Act shall be in the United States. 
SEC. 3. Activities authorized by this Act to be performed on lands 
administered by other Federal departments or agencies shall be car-
ried out only with the prior approA^al of such departments or agencies. 
SEC. 4. (a) There is authorized to be appropriated for the period 
ending on June 30, 1970, not to exceed $25,000,000 to cany out the 
purposes of this Act. 
(b) Not more than $1,000,000 of the funds appropriated under this 
section in any one fiscal year shall be obligated in any one State. 
SEC. 5. This Act shall not be construed to affect, modify, oi- apply 
to the same area as the provisions of the Act of May 11,1938 {52 Stat. 
345), as amended (16 LLS.C. 755-757). 
SEC. 6. The Seci'etai'y of the Interior shall, on the basis of studies 
carried ,out pursuant to this Act and section 5 of the Fish and Wild-
life Coordination A.ct (48 Stat. 402), as amended (16 U.S.(\ 665), 
make recommendations to the Secretary of Health, Education, and 
Welfare concerning the elimination or reduction of polluting sub-
stances detrimental to fish and wildlife in interstate or navigable 
waters or the tributaries thereof. 
Such recommendations and any 
enforcement measui'es initiated pursuant thereto by the Secretai-y of 
Health, Education, and Welfare shall be designed to enhance tlie 
<iuality of such waters, and shall take into consideration all pther 
legitimate uses of such waters. 
Approved October 30, 1965. 
October 30, 1965 
[H. R. 9495] 
Public Law 89-305 
AN ACT 
To increase the appropriation authorization for the Franklin Delano Roosevelt 
Memorial Commission, and for other purposes. 
Franklin Delano 
Roosevelt Memo-
rial Commission. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the joint reso-
lution entitled "To direct the Franklin Delano Roosevelt Memorial 
Commission to consider possible changes in the winning design for 
the proposed memorial or the selection of a new design for such 
memorial", approved October 18, 1962 (76 Stat. 1079), is amended by 
striking the words "not later than June 30, 1963" following the word 
"President" in section 2 and inserting a period,, and by striking 
"$25,000" from section 3 and substituting "$125,000". 
Approved October 30, 1965.