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The Federal Water Project Recreation Act, referred to in text, is classified to section 4607-12 et seq. of Title 16, Conservation.

§ 615ggg. Transfer of functions.

The Secretary is authorized to transfer to the State of Colorado or to any qualified agency or political subdivision of the State, or to a water users' organization, responsibility for the care, operation, and maintenance of the project works, or any part thereof. The agency or organization assuming such obligation shall obligate itself to operate the project works in accordance with regulations prescribed by the Secretary. (Pub. L. 92–514, title I, § 107, Oct. 20, 1972, 86 Stat. 966.)

§ 615hhh. Abrogation, amendment, modification, or conflict with existing provisions.

Nothing contained in this Act of this title shall be construed to abrogate, amend, modify, or be in conflict with any provisions of the Rio Grande compact; or to shift any legal burden of delivery from the Rio Grande or the Conejos River to the closed basin. (Pub. L. 92-514, title I, § 108, Oct. 20, 1972, 86 Stat. 966.)

REFERENCES IN TEXT

This act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

§ 615iii. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the closed basin division of the San Luis Valley project the sum of $18,246,000 (April 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein, and such additional sums as may be required for operation and maintenance of the project. (Pub. L. 92-514, title I, § 109, Oct. 20, 1972, 86 Stat. 966.)

BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

§ 615jjj. Authorization for construction, operation, and

maintenance.

The Secretary of the Interior is authorized to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this Act and the plan set out in the report of the Secretary on this project, with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of irrigation, flood control, fish and wildlife and recreation, and for the elimination of the hazards of failure of McMilland and Avalon Dams: Provided, That the Secretary of the Interior shall operate the existing Alamogordo Dam and Reservoir unit: And provided further, That the Secretary of the Interior shall familiarize himself with the water rights of appropriators of water from the Pecos River and shall promulgate criteria for the operation of the Brantley project and other irrigation storage projects on the Pecos River in the State of New Mexico that will preclude any detrimental effect on water rights in

the Pecos River so that appropriators of water will not be adversely and unreasonably affected by such operations. (Pub. L. 92-514, title II, § 201, Oct. 20, 1972, 86 Stat. 966.)

REFERENCES IN TEXT

This act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in text, are classified generally to this title. See Tables Volume for distribution.

§ 615kkk. Fish and wildlife resources; recreation opportunities.

The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Brantley project shall be in accordance with the provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title II, § 202, Oct. 20, 1972, 86 Stat. 966.) REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is classified to section 4601-12 et seq. of Title 16, Conservation.

§ 615lll. Pecos River Compact.

Nothing in this Act shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Pecos River Compact, 1948, consented to by the Congress in the Act of June 9, 1949. (Pub. L. 92-514, title II, § 203, Oct. 20, 1972, 86 Stat. 967.)

REFERENCES IN TEXT

This act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

§ 615mmm. Flood control and safety costs; fish and wildlife; recreation.

The costs allocated to flood control and the safety of dams purposes of the project shall be nonreimbursable and nonreturnable. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title II, § 204, Oct. 20, 1972, 86 Stat. 967.)

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is classified to section 4061-12 et seq. of Title 16, Conservation.

§ 615nnn. Interest rates.

The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Brantley project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. (Pub. L. 92-514, title II, § 205, Oct. 20, 1972, 86 Stat. 967.)

§ 615000. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the Brantley project the sum of $45,605,000 (based on July 1971 prices), plus or minus such amounts, if any, as may be justified by

reason of changes in construction costs as indicated by engineering cost idexes applicable to the types of construction involved and, in addition thereto, sums as may be required for operation and maintenance of the project. (Pub. L. 92-514, title II, § 206, Oct. 20, 1972, 86 Stat. 967.)

SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO

§ 615ppp. Authorization for construction, operation, and maintenance; principal works.

For the primary purposes of providing irrigation water supplies and the enhancement of fish and wildlife resources, and other purposes, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Salmon Falls division, Upper Snake River project, Idaho. The principal works of the divisions shall consist of the Milner pumping plant, the MilnerSalmon Falls Canal, relift pumping stations, water distribution facilities, wells to provide supplemental water, drainage facilities, and related works. The wells to provide supplemental water, authorized by this Act, shall be so located that the irrigation water produced therefrom can be delivered to the lands of the Salmon Falls division without the requirement for water rights exchange agreements between the Salmon River Canal Company and the North Side Canal Company of Jerome, Idaho. (Pub. L. 92-514, title III, § 301, Oct. 20, 1972, 86 Stat. 967.)

REFERENCES IN TEXT

The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in text, are classified generally to this title. See Tables Volume for distribution.

This Act, referred to to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615qqq. Water exchanges.

Any exchanges of water which may be required in connection with the operation of the division authorized by sections 615ppp to 615www of this title shall be made in conformity with applicable State law and shall in no way jeopardize, diminish, or otherwise alter contractual rights and obligations now in existence or water rights acquired under State law, and shall be without prejudice to, but in enjoyment of, the rights of the appropriator participating in the exchange as a use under his original appropriation. Existing water users shall bear no additional costs as a consequence of any exchange in their service area. (Pub. L. 92-514, title III, § 302, Oct. 20, 1972, 86 Stat. 967.)

§ 615rrr. Irrigation repayment contracts.

Irrigation repayment contracts shall provide, with respect to any contract unit, for repayment of the irrigation construction costs assigned to the irrigators for repayment over a period of not more than fifty years, exclusive of any development period authorized by law. Construction costs allocated to irrigation beyond the ability of irrigators to repay

shall be charged to and returned to the reclamation fund in accordance with the provisions of sections 835j to 835m of Title 16. (Pub. L. 92-514, title III, § 303, Oct. 20, 1972, 86 Stat. 967.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 615qqq of this title.

§ 615sss. Fish and wildlife benefits.

The provision of lands, facilities, and project modifications which furnish fish and wildlife benefits in connection with the Salmon Falls division shall be in accordance with the Federal Water Project Recreation Act. (Pub. L. 92-514, title III, § 304, Oct. 20, 1972, 86 Stat. 968.)

REFERENCES IN TEXT

The Federal Water Projects Recreation Act, referred to in text, is classified to section 4601-12 of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615ttt. Irrigation water pumping power.

Power and energy required for irrigation water pumping for the Salmon Falls division shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. (Pub. L. 92-514, title III, § 305, Oct. 20, 1972, 86 Stat. 968.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 615qqq of this title.

§ 615uuu. Interest rates.

The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Salmon Falls division shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the division is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for fifteen years from date of issue. (Pub. L. 92514, title III, § 306, Oct. 20, 1972, 86 Stat. 968.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615vvv. Newly irrigated lands.

For a period of ten years from October 20, 1972, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (Pub. L. 92-514, title III, § 307, Oct. 20, 1972, 86 Stat. 968.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

The Agricultural Act of 1949, referred to in text, is classified to section 1421 et seq. of Title 7, Agriculture. The definition of "basic agricultural commodity" is set out in section 1428 of Title 7.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615www. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the works herein authorized and for the acquisition of the necessary land and rights the sum of $62,258,000 (January 1972 prices), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said division. (Pub. L. 92514, title III, § 308, Oct. 20, 1972, 86 Stat. 968.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, NEBRASKA

§ 615xxx. Authorization for construction, operation, and maintenance; principal features.

The O'Neill unit, heretofore authorized as an intregal part of the Pick-Sloan Missouri Basin program by the Act of August 21, 1954 (68 Stat. 757), is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for seventy-seven thousand acres of land, flood control, fish and wildlife conservation and development, public outdoor recreation, and for other purposes. The construction, operation, and maintenance of the O'Neill unit shall be subject to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal features of the unit shall include Norden Dam and Reservoir, related canals, a pumping plant, distribution systems, and other necessary works needed to effect the aforesaid purposes. (Pub. L. 92-514, title IV, § 401, Oct. 20, 1972, 86 Stat. 968.)

REFERENCES IN TEXT

The Act of August 21, 1954 (68 Stat. 757), referred to in text, was not classified to the Code.

The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in text, are classified generally to this title. See Tables Volume for distribution.

§ 615yyy. Fish and wildlife resources; recreation opportunities.

The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the O'Neill unit shall be in accordance with provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title IV, § 402, Oct. 20, 1972, 86 Stat. 969.)

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is classified to section 4601-12 et seq. of Title 16, Conservation.

§ 615zzz. Integration with other Federal works.

The O'Neill unit shall be integrated physically and financially with the other Federal works con

structed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented. (Pub. L. 92–514, title IV, § 403, Oct. 20, 1972, 86 Stat. 969.) REFERENCES IN TEXT

Section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented, was not classified to the Code.

§ 615aaaa. Interest rates.

The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable to the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. (Pub. L. 92-514, title IV, § 404, Oct. 20, 1972, 86 Stat. 969.)

§ 615bbbb. Newly irrigated lands.

For a period of ten years from October 20, 1972, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security (Pub. L. 92-514, title IV, § 405, Oct. 20, 1972, 86 Stat. 969.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. The Agricultural Act of 1949, referred to in text, is classified to section 1421 et seq. of Title 7, Agriculture. The definition of "basic agricultural commodity" is set out in section 1428 of Title 7.

§ 615cccc. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the O'Neill unit as authorized in this Act the sum of $113,300,000 (based upon January 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. (Pub. L. 92-514, title IV, § 406, Oct. 20, 1972, 86 Stat. 969.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA

§ 615dddd. Authorization; principal features. The North Loup division heretofore authorized as an integral part of the Missouri River Basin project by section 9 of the Flood Control Act of Decem

ber 22, 1944, as amended and supplemented, is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for fiftythree thousand acres of land, enchancement of outdoor recreation opportunities, conservation and development of fish and wildlife resources, and for other purposes. The principal features of the North Loup division shall include Calamus and Davis Creek Dams and Reservoirs, Kent diversion works; irrigation canals; pumping facilities; associated irrigation distribution and drainage works; facilities for public outdoor recreation and fish and wildlife developments; and other necessary works and facilities to effect its purposes. (Pub. L. 92-514, title V, § 501, Oct. 20, 1972, 86 Stat. 969.)

REFERENCES IN TEXT

Section 9 of the Flood Control Act of December 22, 1944, referred to in text, was not classified to the Code.

§ 615eeee. Interest rates.

The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. (Pub. L. 92-514, title V, § 502, Oct. 30, 1972, 86 Stat. 969.)

§ 615ffff. Fish and wildlife resources; recreation opportunities.

The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the North Loup division shall be in accordance with provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title V, § 503, Oct. 20, 1972, 86 Stat. 970.)

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, classified to section 4607-12 of Title 16, Conservation.

§ 615gggg. Integration with other Federal works.

The North Loup division shall be integrated, physically and financially, with the other Federal works in the Missouri Basin constructed or authorized to be constructed under the comprehensive plans approved by section 9 of the Act of December 22, 1944 (58 Stat. 891), as amended and supplemented. (Pub. L. 92-514, title V, § 504, Oct. 20, 1972, 86 Stat. 970.)

REFERENCES IN TEXT

Section 9 of the Act of December 22, 1944, referred to in text, was not classified to the Code.

§ 615hhhh. Limitations on diversion of waters.

The North Loup division shall be so constructed and operated that no water shall be diverted from either the Calamus or the North Loup Rivers for any use by the division during the months of July and August each year; and no water shall be diverted from said rivers during the month of September each year whenever during said month there

is sufficient water available in the division storage reservoirs to deliver the design capacity of the canals receiving water from said reservoirs. (Pub. L. 92-514, title V, § 505, Oct. 20, 1972, 86 Stat. 970.)

§ 615iiii. Newly irrigated lands.

For a period of ten years from October 20, 1972, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (Pub. L. 92-514, title V, § 506, Oct. 20, 1972, 86 Stat. 970.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. The Agricultural Act of 1949, referred to in text, is classified to section 1421 et seq. of Title 7, Agriculture. The definition of "basic agricultural commodity" is set out in section 1428 of Title 7.

§ 615jjjj. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the North Loup division as authorized in this Act the sum of $79,500,000 (based upon January 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the division. (Pub. L. 92-514, title V, § 507, Oct. 20, 1972, 86 Stat. 970.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

Chapter 12B.-COLORADO RIVER STORAGE

PROJECT

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 460dd-3. § 620k. Appropriations.

ADDITIONAL APPROPRIATIONS AUTHORIZED FOR CERTAIN PROJECTS IN THE UPPER COLORADO RIVER BASIN Pub. L. 92-370, Aug. 10, 1972, 86 Stat. 525, provided: "That in order to provide for completion of construction of the Cureacanti, Flaming Gorge, Glen Canyon, and Navajo units, and transmission division of the Colorado River storage project, and for completion of construction of the following participating projects: Central Utah (initial phase-Bonneville, Jensen, Upalco, and Vernal units), Emery County, Florida, Hammond, LaBarge, Lyman, Paonia, Seedskadee, Silt, and Smith Fork; the amount which section 12 of the Act of April 11, 1956 (79 Stat. 105) [this section] authorizes to be appropriated is hereby further increased by the sum of $610,000,000, plus or minus such amounts, if any, as may be required, by reason of changes in construction costs as indicated by engineering cost indexes applicable to the type of construction involved. This additonal sum shall be available solely for continuing construction of the previously authorized units and projects named herein."

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§ 1453a. Additional Assistant Secretary of Interior; appointment; duties; compensation.

There shall be hereafter in the Department of the Interior, in addition to the Assistant Secretaries now provided by law, an additional Assistant Secretary of the Interior who shall be appointed by the President by and with the advice and consent of the Senate, who shall be responsible for such duties as the Secretary of the Interior shall prescribe, and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior. (Pub. L. 92-22, § 1, June 1, 1971, 85 Stat. 75.)

SENATE CONFIRMATION OF PRESIDENTIAL APPOINTMENT OF ADDITIONAL ASSISTANT SECRETARY OF INTERIOR AS REPEALING PROVISIONS FOR ASSISTANT SECRETARY OF INTERIOR FOR ADMINISTRATION

Section 3 of Pub. L. 92-22 provided that: "Section 4 of Reorganization Plan Numbered 3 of 1950, as amended (64 Stat. 1262) [set out in the Appendix to Title 5], and item (25) of section 5316, title 5, United States Code, are repealed, effective upon the confirmation by the United States Senate of a Presidential appointee to fill the position created by this Act [this section and section 5315(18) of Title 5]."

CROSS REFERENCES

Compensation of Assistant Secretaries of Interior, see section 5315 of Title 5, Government Organizations and Employees.

§ 1456a. Head of Mining Enforcement and Safety Administration; appointment with Senate approval. The head of the Mining Enforcement and Safety Administration shall be appointed by the President, by and with the advice and consent of the Senate: Provided, That if any individual who is serving in this office on November 16, 1973, is nominated for such position, he may continue to act unless and until such nomination shall be disapproved by the Senate. (Pub. L. 93-153, title IV, § 405, Nov. 16, 1973, 87 Stat. 590.)

MINING ENFORCEMENT AND SAFETY ADMINISTRATION The Mining Enforcement and Safety Administration (MESA) was established within the Department of the Interior pursuant to Order Numbered 2953 of the Secretary of the Interior, July 10, 1973, 38 F.R. 18695, issued in accordance with the authority provided by section 2 of Reorganization Plan No. 3 of 1950, set out in the Appendix to Title 5, Government Organization and Employees, and became operative on July 16, 1973. Functions of mine health and safety, assessment and compliance, and education and training under the Federal Coal Mine Health and Safety Act of 1969 [section 801 et seq. of Title 30, Mineral Lands and Mining] and the Federal Metal and Nonmetallic Mine Safety Act [section 721 et seq. of Title 30] were transferred from the Bureau of Mines to the Mining Enforcement and Safety Administration.

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