(Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto).

(b) Extension of period for repayment of construction costs; repayment from surplus revenues derived from disposition of power; construction costs defined.

The period provided in subsection (d) of section 485h of this title for repayment of construction costs properly allocable to any block of lands and assigned to be repaid by the irrigators may be extended to fifty years, exclusive of a development period, from the time water is first delivered to that block or to as near that number of years as is consistent with the adoption and operation of a repayment formula as therein provided. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay within a fifty-year period shall be returned to the reclamation fund within a fiftyyear period from the date of the first delivery of water from the facilities authorized by this legislation from net revenues derived by the Secretary of the Interior from the disposition of power marketed through the Bonneville Power Administration, which are over and above those required to meet any pres-ent obligations assigned for repayment from such net revenues. The term "construction costs" used herein shall include any irrigation operation and maintenance costs during the development period which the Secretary finds it proper to fund because they are beyond the ability of the water users to pay during that period.

(c) Rates for power and energy.

Power and energy required for irrigation pumping for the western division of The Dalles Federal reclamation project shall be made available by the Secretary from The Dalles Dam powerplant and other Federal plants interconnected therewith at rates not to exceed the costs of such power and energy from The Dalles Dam taking into account all costs of the dam, reservoir, and powerplant which are determined by the Secretary under the provisions of the Federal reclamation laws to be properly allocable to such irrigation pumping power and energy.

(d) Nonreimbursable costs.

That portion of the cost of constructing the works authorized by sections 615v-615x of this title which the Secretary finds to be properly allocable to the conservation and development of fish and wildlife, in accordance with the Fish and Wildlife Coordination Act, together with the portion of the operation, maintenance, and replacement costs allocated to this function, shall be nonreimbursable and nonreturnable under the reclamation laws. (Pub. L. 86-745, § 2, Sept. 13, 1960, 74 Stat. 882.)

REFERENCES IN TEXT

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

The Fish and Wildlife Coordination Act, referred to in subsec. (d), is classified to sections 661-666c of Title 16, Conservation.

§ 615x. Authorization of appropriations.

There is authorized to be appropriated for construction of the works authorized by sections 615 — 615x of this title not to exceed $6,000,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. (Pub. L. 86-745, § 3, Sept. 13, 1960, 74 Stat. 883.)

NORMAN PROJECT, OKLAHOMA

§ 615aa. Authorization for construction, operation, and maintenance; contracts and advances.

The Secretary of the Interior is authorized to construct, operate, and maintain the Norman Federal reclamation project, Oklahoma, in accordance with the Federal reclamation laws (Act of June 17, 1902, and Acts amendatory thereof or supplemental thereto), except so far as those laws are inconsistent with sections 615aa-615hh of this title, for the principal purposes of storing, regulating, and furnishing water for municipal, domestic, and industrial use, and for controlling floods, and, as incidents to the foregoing for the additional purposes of regulating the flow of the Little River, providing for the conservation and development of fish and wildlife, and of enhancing recreational opportunities. The Norman project shall consist of the following principal work: A reservoir on Little River near Norman, Oklahoma. pumping plants, pipelines, and other conduits for furnishing water for municipal, domestic, and industrial use.

The Secretary may enter into suitable contracts with municipal organizations, or other organizations as defined in 485a of this title, to undertake with non-Federal financing the construction of pumping plants, pipelines, and other conduits, or of any of such works, for furnishing water for municipal, domestic, and industrial use, and to advance to such organizations during the construction period funds to cover an appropriate share of the costs thereof attributable to furnishing water to Tinker Air Force Base. (Pub. L. 86-529, § 1, June 27, 1960, 74 Stat. 225.)

REFERENCES IN TEXT

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

§ 615bb. Allocation of costs; conditions.

In constructing, operating, and maintaining the Norman project, the Secretary shall allocate proper costs therof in accordance with the following conditions:

(a) Allocations to flood control, recreation, and the conservation and development of fish and wildlife and water supply for Tinker Air Force Base shall be nonreturnable.

(b) Allocations to municipal water supply, including domestic, manufacturing, and industrial uses, with the exception of that for Tinker Air Force Base, shall be repayable to the United States by the water users through contracts with municipal corporations, or other organizations as defined by section 485a of this title, under the provisions of

the Federal reclamation laws, and to the extent appropriate, under the Water Supply Act of 1958. Such contracts shall be precedent to the commencement of construction of any project unit affecting the individual municipalities, and shall provide for repayment of construction costs allocated to municipal water supply in not to exceed fifty years from the date water is first delivered for that purpose: Provided, That the water users' organization be responsible for the disposal and sale of all water surplus to its requirements, and that the revenues therefrom shall be used by the organization for the retirement of project debt payment, payment of interest, and payment of operation and maintenance cost. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance 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.

(c) Upon the completion of the payment of the water users' construction cost obligation, together with the interest thereon, the water users shall have a permanent right to the use of that portion of the project allocable to municipal water supply purposes, subject, if the project is then operated by the United States, to payment of a reasonable annual charge by the Secretary of the Interior sufficient to pay all operation and maintenance charges and a fair share of the administrative costs applicable to the project. (Pub. L. 86-529, § 2, June 27, 1960, 74 Stat. 225.) REFERENCES IN TEXT

The Federal reclamation laws, referred to in clause (b), are classified generally to this title. See note under section 615aa of this title.

The Water Supply Act of 1958, referred to in the text, is classified to section 390b of this title.

615cc. Contracts with water users' organization. Contracts may be entered into with the water users' organization pursuant to the provisions of sections 615aa-615hh of this title without regard to the last sentence of subsection (c) of section 485h of this title. (Pub. L. 86-529, § 3, June 27, 1960, 74 Stat. 226.)

§ 615dd. Transfer of care, operation, and maintenance of works.

The Secretary is authorized to transfer to the project water users the care, operation, and maintenance of the works herein authorized, and, if such transfer is made, to deduct from the obligation of the water users the reasonable capitalized equivalent of that portion of the estimated operation and maintenance cost of the undertaking which, if the United States continues to operate the project, would be allocated to flood control and fish and wildlife purposes. Prior to taking over the care, operation, and maintenance of said works, the water users' organization shall obligate itself to operate them in accordance with criteria specified by the Secretary of the Army with respect to flood control and the Secretary of the Interior with respect to

fish and wildlife: Provided, That operation and maintenance and replacement cost of furnishing water supply to Tinker Air Force Base, as contemplated in the plan of development, shall be provided by an appropriate agreement between the Secretary of Defense and the water users' organization. (Pub. L. 86-529, § 4, June 27, 1960, 74 Stat. 226.)

§ 615ee. Construction in units or stages.

Construction of the Norman project herein authorized may be undertaken in such units or stages as in the opinion of the Secretary best serves the project requirements and the relative needs for water of the several municipal users. Repayment contracts negotiated in connection with each unit or stage of construction shall be subject to the terms and conditions of section 615bb of this title. (Pub. L. 86-529, § 5, June 27, 1960, 74 Stat. 226.) § 615ff. Public park and recreational facilities; cost of facilities.

The Secretary may, upon conclusion of a suitable agreement with any qualified agency of the State of Oklahoma or a political subdivision thereof for assumption of the administration, operation, and maintenance thereof at the earliest practicable date, construct or permit the construction of public park and recreational facilities on lands owned by the United States adjacent to the reservoirs of the Norman project, when such use is determined by the Secretary not to be contrary to the public interest, all under such rules and regulations as the Secretary may prescribe. No recreational use of any area to which this section applies shall be permitted which is inconsistent with the laws of the State of Oklahoma for the protection of fish and game and the protection of the public health, safety, and welfare. The Federal costs of constructing the facilities authorized by this section shall be limited to the nonreimbursable costs of the Norman project for minimum basic recreational facilities as determined by the Secretary. (Pub. L. 86-529, § 6, June 27, 1960, 74 Stat. 226.) § 615gg. Expenditures for Norman Reservoir.

Expenditures for the Norman Reservoir may be made without regard to the soil survey and land classification requirements of section 390a of this title. (Pub. L. 86-529, § 7, June 27, 1960, 74 Stat. 226.)

§ 615hh. Authorization of appropriations.

There is authorized to be appropriated for construction of the works authorized by sections 615aa-615hh of this title not to exceed $19,042,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein: Provided, That such basic amount shall not exceed $12,920,000 in the event the aqueduct system is not constructed by the Federal Government. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. (Pub. L. 86-529, § 8, June 27, 1960, 74 Stat. 226.)

NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN JUAN-CHAMA PROJECT, COLORADONEW MEXICO

§ 615ii. Congressional declaration of purpose; participating projects of Colorado River storage project. For the purposes of furnishing water for the irrigation of irrigable and arable lands and for muncipal, domestic, and industrial uses, providing recreation and fish and wildlife benefits, and controlling silt, and for other beneficial purposes, the Congress approves as participating projects of the Colorado River storage project (sections 620-6200 of this title) the Navajo Indian irrigation project, New Mexico, and the initial stage of the San JuanChama project, Colorado-New Mexico. The Navajo Indian irrigation project and the initial stage of the San Juan-Chama project herein approved are substantially those described in the proposed coordinated report of the Acting Commissioner of Reclamation and the Commissioner of Indian Affairs, approved and adopted by the Secretary of the Interior on October 16, 1957, as conditioned, modified, and limited herein. (Pub. L. 87-483, § 1, June 13, 1962, 76 Stat. 96.)

§ 615jj. Navajo Indian irrigation project; construction, operation and maintenance; average annual diversion; repayment of construction costs. Pursuant to the provisions of sections 620-6200 of this title, the Secretary of the Interior is authorized to construct, operate, and maintain the Navajo Indian irrigation project for the principal purpose of furnishing irrigation water to approximately one hundred and ten thousand six hundred and thirty acres of land, said project to have an average annual diversion of five hundred and eight thousand acre-feet of water and the repayment of the costs of construction thereof to be in accordance with the provisions of said sections, including, but not limited to, section 620c(d) of this title. (Pub. L. 87-483, § 2, June 13, 1962, 76 Stat. 96.)

§ 615kk. Same; lands susceptible to irrigation or necessary for location of works or canals of project: payment of appraised value for federal lands; conveyance of Indian lands and acquisition of other lands; United States trusteeship of such lands.

(a) In order to provide for the most economical development of the Navajo Indian irrigation project, the Secretary shall declare by publication in the Federal Register that the United States of America holds in trust for the Navajo Tribe of Indians any legal subdivisions or unsurveyed tracts of federally owned land outside the present boundary of the Navajo Indian Reservation in New Mexico in townships 28 and 29 north, ranges 10 and 11 west, and townships 27 and 28 north, ranges 12 and 13 west, New Mexico principal meridian, susceptible to irrigation as part of the project or necessary for location of any of the works or canals of such project: Provided, however, That no such legal subdivision or unsurveyed tract shall be so declared to be held in trust by the United States for the Navajo Tribe until the Navajo Tribe shall have paid the United States the full appraised value thereof: And provided further, That in making appraisals of such

lands the Secretary shall consider their values as of June 13, 1962, excluding therefrom the value of minerals subject to leasing under the Act of February 25, 1920, as amended, and such leasable minerals shall not be held in trust for the Navajo Tribe but shall continue to be subject to leasing under the Act of February 25, 1920, as amended, after the lands containing them have been declared to held in trust by the United States for the Navajo Tribe.

(b) The Navajo Tribe is authorized to convey to the United States, and the Secretary shall accept on behalf of the United States, title to any land or interest in land within the above-described townships, susceptible to irrigation as part of the Navajo Indian irrigation project or necessary for location of any of the works or canals of such project, acquired in fee simple by the Navajo Tribe, and after such conveyance said land or interest in land shall be held in trust by the United States for the Navajo Tribe as a part of the project.

(c) The Secretary is authorized to acquire by purchase, exchange, or condemnation any other land or interest in land within the townships above described susceptible to irrigation as part of the Navajo Indian irrigation project or necessary for location of any of the works or canals of such project. After such acquisition, said lands or interest in lands shall be held by the United States in trust for the Navajo Tribe of Indians. (Pub. L. 87-483, § 3, June 13, 1962, 76 Stat. 96.)

REFERENCES IN TEXT

The Act of February 25, 1920, referred to in subsec. (a), is classified to sections 181-184, 185-188, 189—192. 193, 194, 201, 202-209, 211-214, 223, 224-226, 226d-229a, 241, 251, 261-263 of Title 30, Mineral Lands and Mining. Acts amendatory and supplementary of such Act of February 5, 1920, are classified to such sections and to sections 184a, 188a, 192-192c, 2221, 226c, 230—236a, 271-276 and 281-286 of Title 30.

§ 615ll. Same; contractual assurance of repayment of costs and interest for construction of additional capacity.

In developing the Navajo Indian irrigation project, the Secretary is authorized to provide capacity for municipal and industrial water supplies or miscellaneous purposes over and above the diversion requirements for irrigation stated in section 615jj of this title, but such additional capacity shall not be constructed and no appropriation of funds for such construction shall be made until contracts have been executed which, in the judgment of the Secretary, provide satisfactory assurance of repayment of all costs properly allocated to the purposes aforesaid with interest as provided by law. (Pub. L. 87483, § 4, June 13, 1962, 76 Stat. 97.)

§ 615mm. Same; payment of operation and maintenance charges; transfers of project works and title to property.

Payment of operation and maintenance charges of the irrigation features of the Navajo Indian irrigation project shall be in accordance with the provisions of section 385 of Title 25: Provided, That the Secretary may transfer to the Navajo Tribe of Indians the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe and, in such event, the Secretary may transfer to the Navajo

Tribe title to movable property necessary to the operation and maintenance of those works. (Pub. L. 87-483, § 5, June 13, 1962, 76 Stat. 97.)

§ 615nn. Same; restriction on delivery of water for production of excessive basic commodities.

For the period ending ten years after completion of construction of the Navajo Indian irrigation project no water from the project shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in section 1428 (c) of Title 7, 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. 87-483, § 6, June 13, 1962, 76 Stat. 97.)

§ 61500. Same; authorization of appropriations.

There are authorized to be appropriated to the Bureau of Indian Affairs such sums as may be required to construct the Navajo Indian irrigation project, including the purchase of lands under section 615kk (c) of this title, but not more than $135,000,000 (June 1961 prices) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering costs indices applicable to the types of construction involved therein. (Pub. L. 87-483, § 7, June 13, 1962, 76 Stat. 97.)

§ 615pp. San Juan-Chama Reclamation Project, Initial Stage; construction, operation and maintenance; purposes; construction and operation of diversion facilities; principal engineering works; construction of recreation facilities; conditions. Pursuant to the provisions of sections 620-6200 of this title, the Secretary is authorized to construct, operate, and maintain the initial stage of the San Juan-Chama project, Colorado-New Mexico, for the principal purposes of furnishing water supplies to approximately thirty-nine thousand three hundred acres of land in the Cerro, Taos, Llano, and Pojoaque tributary irrigation units in the Rio Grande Basin and approximately eighty-one thousand six hundred acres of land in the existing Middle Rio Grande Conservancy District and for municipal, domestic, and industrial uses, and providing recreation and fish and wildlife benefits. The diversion facilities of the initial stage authorized herein shall be so constructed and operated as to divert only natural flow of the Navajo, Little Navajo, and Blanco Rivers in Colorado as set forth in the supplemental project report dated May 1957. The principal engineering works of the initial stage development, involving three major elements, shall include diversion dams and conduits, storage and regulation facilities at the Heron Numbered 4 Reservoir site, enlarged outlet works of the existing El Vado Dam, and water use facilities consisting of reservoirs, dams, canals, lateral and drainage systems, and associated works and appurtenances. The construction of recreation facilities at the Nambe Reservoir shall be contingent upon the Secretary's making appropriate arrange

ments with the governing body of the Nambe Pueblo for the operation and maintenance of such facilities, and the construction of recreation facilities at the Heron Numbered 4, Valdez, and Indian Camp Reservoirs shall be contingent upon his making appropriate arrangements with a State or local agency or organization for the operation and maintenance of those facilities: Provided, That

(a) the Secretary shall so operate the initial stage of the project authorized herein that diversions to the Rio Grande Valley shall not exceed one million three hundred and fifty thousand acre-feet of water in any period of ten consecutive years, reckoned in continuing progressive series starting with the first day of October after the project shall have commenced operation: Provided, however, That not more than two hundred and seventy thousand acre-feet shall be diverted in any one year;

(b) the Secretary shall operate the project so that there shall be no injury, impairment, or depletion of existing or future beneficial uses of water within the State of Colorado, the use of which is within the apportionment made to the State of Colorado by article III of the Upper Colorado River Basin compact, as provided by article IX of the Upper Colorado River Basin compact and article IX of the Rio Grande compact;

(c) all works of the project shall be constructed so as to permit compliance physically with all provisions of the Rio Grande compact, and all such works shall be operated at all times in conformity with said compact;

(d) the amount of water diverted in the Rio Grande Basin for uses served by the San JuanChama project shall be limited in any calendar year to the amount of imported water available to such uses from importation to and storage in the Rio Grande Basin in that year;

(e) details of project operation essential to accounting for diverted San Juan and Rio Grande flows shall be developed through the joint efforts of the Rio Grande Compact Commission, the Upper Colorado River Commission, the appropriate agencies of the United States and of the States of Colorado, New Mexico, and Texas, and the various project entities. In this connection the States of Texas and New Mexico shall agree, within a reasonable time, on a system of gaging devices and measurements to secure data necessary to determine the present effects of tributary irrigation, as well as present river channel losses: Provided, That if the State of Texas shall require, as a condition precedent to such agreement, gaging devices and measurements in addition to or different from those considered by the Department of the Interior and the State of New Mexico to be necessary to this determination, the State of Texas shall pay one-half of all costs of constructing and operating such additional or different devices and making such additional or different measurements which are not borne by the United States. The results of the action required by this subsection shall be incorporated

in a written report transmitted to the States of Colorado, Texas, and New Mexico for comment in the manner provided in the Flood Control Act of 1944 before any appropriation shall be made for project construction.

(f) the Secretary shall operate the project so that for the preservation of fish and aquatic life the flow of the Navajo River and the flow of the Blanco River shall not be depleted at the project diversion points below the values set forth at page D2-7 of appendix D of the United States Bureau of Reclamation report entitled "San JuanChama Project, Colorado-New Mexico", dated November 1955;

(g) the Secretary is authorized to construct the tunnel and conduit works of the initial stage of the San Juan-Chama project with sufficent capacity for future diversion of an average of two hundred and thirty-five thousand acre-feet per annum: Provided, however, That nothing contained in sections 615ii-615yy of this title shall be construed as committing the Congress of the United States to future authorization of any additional stage of the San Juan-Chama project. (Pub. L. 87-483, § 8, June 13, 1962, 76 Stat. 97.)

REFERENCES IN TEXT

The Flood Control Act of 1944, referred to in clause (e), is classified in part to sections 460d and 825s of Title 16, Conservation, sections 701-1, 701a-1, 701b-1, 701c note, 708 and 709 of Title 33, Navigation and Navigable Waters, and section 390 of this title.

CODIFICATION

Sections 615i1-615yy of this title, referred to in clause (g), read "this Act" in Pub. L. 87-483, which enacted such sections and amended sections 620, 620a, 620d (e) and 620f of this title.

§ 615qq. Same; restriction on delivery of water for production of excessive basic commodities.

For the period ending ten years after completion of construction of the initial stage of the San JuanChama project no water from the project shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in section 1428 (c) of Title 7, 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. 87-483, § 9, June 13, 1962, 76 Stat. 99.)

§ 615rr. Same; appropriations.

The amount which section 620k of this title, authorizes to be appropriated is increased by $85,828,000 (June 1961 prices) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved, which increase shall be available solely for construction of the San Juan-Chama project and shall not be used for any other purpose. (Pub. L. 87-483, § 10, June 13, 1962, 76 Stat. 99.)

§ 615ss. Navajo Reservoir, San Juan River and tributary waters.

(a) Contracts for water use; sharing of available waters; diversion requirements of Navajo Indian irrigation project and San Juan-Chama project; long term contracts; temporary supply contracts in San Juan River Basin.

No person shall have or be entitled to have the use for any purpose, including uses under the Navajo Indian irrigation project and the San Juan-Chama project authorized by sections 615jj and 615pp of this title, of water stored in Navajo Reservoir or of any other waters of the San Juan River and its tributaries originating above Navajo Reservoir to the use of which the United States is entitled under these projects except under contract satisfactory to the Secretary and conforming to the provisions of sections 615ii-615yy of this title. Such contracts, which, in the case of water for Indian uses, shall be executed with the Navajo Tribe, shall make provision, in any year in which the Secretary anticipates a shortage, taking into account both prospective runoff originating above Navajo Reservoir and the available water in storage in Navajo Reservoir, for a sharing of the available water in the following manner: The prospective runoff shall be apportioned between the contractors diverting above and those diverting at or below Navajo Reservoir in the proportion that the total normal diversion requirement of each group bears to the total of all normal diversion requirements. In the case of contractors diverting above Navajo Reservoir, each such contract shall provide for a sharing of the runoff apportioned to said group in the same proportion as the normal diversion requirement under said contract bears to the total normal diversion requirements of all such contracts that have been made hereunder: Provided, That for any year in which the foregoing sharing procedure either would apportion to any contractor diverting above Navajo Reservoir an amount in excess of the runoff anticipated to be physically available at the point of his diversion, or would result in no water being available to one or more such contractors, the runoff apportioned to said group shall be reapportioned, as near as may be, among the contractors diverting above Navajo Reservoir in the proportion that the normal diversion requirements of each bears to the total normal diversion requirements of the group. In the case of contractors diverting from or below Navajo Reservoir, each such contract shall provide for a sharing of the remaining runoff together with the available storage in the same proportion as then normal diversion requirement under said contract bears to the total normal diversion requirements under all such contracts that have been made hereunder.

The Secretary shall not enter into contracts for a total amount of water beyond that which, in his judgment, in the event of shortage, will result in a reasonable amount being available for the diversion requirements for the Navajo Indian irrigation project and the initial stage of the San Juan-Chama project as specified in sections 615jj and 615pp of this title.

No long-term contract, except contracts for the benefit of the lands and for the purposes specified