An Act to promote the conservation of the Nation's wildlife resources on the Pacific flyway in the Tule Lake, Lower Klamath, Upper Klamath, and Clear Lake National Wildlife Refuges in Oregon and California and to aid in the administration of the Klamath reclamation project
PL 88-567 (S.793), enacted 09/02/1964

850 
PUBLIC LAW 88-567-SEPT. 2, 1964 
[78 STAT. 
Public Law 88-567 
September 2, 1964 
[S. 793] 
AN ACT 
Wildlife re-
sources on Pacific 
flyway. 
Conservation. 
Restriction. 
To promote the conservation of the Nation's wildlife resources on the Pacific 
flyway in the Tule Lake, Lower Klamath, Upper Klamath, and Clear Lake 
National Wildlife Refuges in Oregon and California and to aid in the admin-
istration of the Klamath reclamation project. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That it is hereby 
declared to be the policy of the Congress to stabilize the ownership 
of the land in the Klamath Federal reclamation project, Oregon and 
California, as well as the administration and management of the 
Klamath Federal reclamation project and the Tule Lake National 
Wildlife Kefuge, Lower Klamath National Wildlife Eefuge, Upper 
Klamath National Wildlife Refuge, and Clear Lake National Wild-
life Refuge, to preserve intact the necessary existing habitat for migra-
tory waterfowl in this vital area of the Pacific flyway, and to prevent 
depredations of migratory waterfowl on agricultural crops in the 
Pacific Coast States. 
SEC. 2. Notwithstanding any other provisions of law, all lands 
owned by the United States lying within the Executive order 
boundaries of the Tule Lake National Wildlife Refuge, the Lower 
Klamath National Wildlife Refuge, the Upper Klamath National 
Wildlife Refuge, and the Clear Lake Wildlife Refuge are hereby 
dedicated to wildlife conservation. Such lands shall be administered 
by the Secretary of the Interior for the major purpose of waterfowl 
management, but with full consideration to optimum agricultural use 
that is consistent therewith. Such lands shall not be opened to home-
stead entry. The following public lands shall also be included within 
the boundaries of the area dedicated to wildlife conservation, shall be 
administered by the Secretary of the Interior for the major purpose of 
waterfowl management, but with full consideration to optimum agri-
cultural use that is consistent therewith, and shall not oe opened to 
homestead entry: Hanks Marsh, and first form withdrawal lands 
(approximately one thousand four hundred and forty acres) in 
Klamath County, Oregon, lying adjacent to Upper Klamath National 
Wildlife Refuge; White Lake in Klamath County, Oregon, and 
Siskiyou County, California; and thirteen tracts of land in Siskiyou 
County, California, lettered as tracts "A", «B", "C", "D", "E", "F", 
"G", "H", "I", "J", "K", "L", and "N" totaling approximately three 
thousand two hundred and ninety-two acres, and tract " P " in Modoc 
County, California, containing about ten acres, all as shown on plate 
4 of the report entitled "Plan for Wildlife Use of Federal Lands in 
the Upper Klamath Basin, Oregon-California," dated April 1956, 
prepared by the United States Fish and Wildlife Service. AH the 
above lands shall remain permanently the property of the United 
States. 
SEC. 3. Subject to conditions hereafter prescribed, and pursuant 
to such regulations as may be issued by the Secretary, 25 per centum 
of the net revenues collected during each fiscal year from the leasing 
of Klamath project reserved Federal lands within the Executive 
order boundaries of the Lower Klamath National Wildlife Refuge 
and the Tule Lake National Wildlife Refuge shall be paid annually 
by the Secretary, without further authorization, for each full fiscal 
year after the date of this Act to the counties in which such refuges 
are located, such payments to be made on a pro rata basis to each 
county based upon the refuge acreage in each county: Provided^ 
That the total annual payment per acre to each county shall not 
exceed 50 per centum of the average per acre tax levied on similar 
78 STAT. ] 
PUBLIC LAW 88-567-SEPT. 2, 1964 
851 
lands in private ownership in each county, as determined by the 
Secretary: Provided further^ That no such payments shall be made 
which will reduce the credits or the payments to be made pursuant 
to contractual obligations of the United States with the Tulelake 
Irrigation District or the payments to the Klamath Drainage District 
as full reimbursement for the construction of irrigation facilities 
within said district, and that the priority of use of the total net reve-
nues collected from the leasing of the lands described in this section 
shall be (1) to credit or pay from each revenues to the Tulelake 
Irrigation District the amounts already committed to such payment 
or credit; (2) to pay from such revenues to the Klamath Drainage 
District the sum of $197,315; and (3) to pay from such revenues to 
the counties the amounts prescribed by this section. 
SEC. 4. The Secretary shall, consistent with proper waterfowl man-
agement, continue the present pattern of leasing the reserved lands 
of the Klamath Straits unit, the Southwest Sump, the League of 
Nations unit, the Henzel lease, and the Frog Pond unit, all within the 
Executive order boundaries of the Lower Klamath and Tule Lake 
National Wildlife Kefuges and shown in plate 4 of the report entitled 
"Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, 
Oregon-California," dated April 1956. Leases for these lands shall 
be at a price or prices designed to obtain the maximum lease revenues. 
The leases shall provide for the growing of grain, forage, and soil-
building crops, except that not more than 25 per centum of the total 
leased lands may be planted to row crops. All other reserved public 
lands included in section 2 of this Act shall continue to be managed by 
the Secretary for waterfowl purposes, including the growing of agri-
cultural crops by direct planting and sharecrop agreements with local 
cooperators where necessary. 
SEC. 5. The areas of sumps 1(a) and 1(b) in the Klamath project 
lying within the Executive order boundaries of the Tule Lake National 
Wildlife Refuge shall not be reduced by diking or by any other 
construction to less than the existing thirteen thousand acres. 
SEC. 6. In carrying out the obligations of the United States under 
any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 
755), as amended, or the Migratory Bird Conservation Act (45 Stat. 
^^ ^^^ '^°' 
1222), as amended, waters under the control of the Secretary of the 
^^ "^^ ^^^• 
Interior shall be regulated, subject to valid existing rights, to maintain 
sump levels in the Tule Lake National Wildlife Refuge at levels estab-
lished by regulations issued by the Secretary pursuant to the contract 
between the United States and the Tulelake Irrigation District, dated 
September 10, 1956, or any amendment thereof. 
Such regulations 
shall accommodate to the maximum extent practicable waterfowl 
management needs. 
SEC. 7. The Secretary is hereby directed to complete studies that . Research stud-
have been undertaken relating to the development of the water '*''' 
resources and waterfowl management potential of the Clear Lake 
National Wildlife Refuge. The results of such studies, when com- g^esT'* *° ^°"' 
pleted, and the recommendations of the Secretary shall be submitted 
to the Congress. 
SEC. 8. The Secretary may prescribe such regulations as may be 
necessary to carry out the provisions of this Act. 
Approved September 2, 1964.