§ 6161. Public recreational facilities; arrangements for operation and maintenance; irrigation costs; fish and wildlife conservation; nonreimbursable costs; operation of works for benefit of fish and wildlife. (a) The Secretary of the Interior is authorized, in connection with the Mann Creek project, to construct minimum basic public recreation facilities, and to acquire such lands as may be necessary for that purpose, substantially in accordance with the plan in the report of the Secretary of the Interior, but such facilities (other than those necessary to protect the project works and the visiting public) shall not be constructed until an agreement has been executed by the State of Idaho, an agency or political subdivision thereof, or an appropriate local agency or organization to assume the management and operation of the facilities. The cost of constructing such facilities shall be nonreimbursable and nonreturnable under the reclamation laws.

(b) The Secretary may make such reasonable provision in the works authorized by sections 616g616j of this title as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act and the portion of the construction costs allocated to these purposes, together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable. Before the works are transferred to an irrigation water users' organization for care, operation, and maintenance the organization shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits to fish and wildlife on which the allocation of costs therefor is predicated, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with his requirements to achieve such benefits. (Pub. L. 87-589, § 3, Aug. 16, 1962, 76 Stat. 389.)

REFERENCES IN TEXT

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

§ 616j. Authorization of appropriations.

There is authorized to be appropriated for construction of the works herein authorized the sum of $3,490,000 (April 1961 prices). There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. (Pub. L. 87-589, § 4, Aug. 16, 1962, 76 Stat. 389.)

ARBUCKLE PROJECT, OKLAHOMA

§ 616k. Authorization of project; law governing; purposes and functions.

The Secretary of the Interior is authorized to construct, operate, and maintain the Arbuckle Federal reclamation project, Oklahoma, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), for the principal purposes of storing, regulating, and furnishing water for municipal, domestic, and industrial use, and for controlling

floods and for the conservation and development: fish and wildlife, and the enhancement of recre tional opportunities. The project shall consist the following principal works: A reservoir on Ro Creek near Sulphur, Oklahoma, pumping plant pipelines, and other conduits for furnishing waterkt municipal, domestic, and industrial use, and mamum basic recreational facilities. (Pub. L. 87-59 § 1, Aug. 24, 1962, 76 Stat. 395.)

REFERENCES IN TEXT

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

§ 6161. Construction, operation, and maintenance; allecation of costs among different functions.

In constructing, operating, and maintaining the Arbuckle project, the Secretary shall allocate the costs thereof among different functions resulting from multiple-purpose development under the fclowing conditions:

(a) Flood control, recreation, conservation of fish and wildlife; nonreimbursible costs.

Allocations to flood control, recreation, and the conservation and development of fish and wildlife shall be nonreimbursable and nonreturnable under the reclamation laws;

(b) Municipal water supply; repayment contracts: water revenues to retire debt, pay interest, and operation and maintenance costs; basis of interest rates.

Such con

Allocations to municipal water supply, including domestic, manufacturing, and industrial uses, 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, as amended. tracts shall be precedent to the commencement of construction of any project unit affecting the individual municipality or industrial users, and shal provide for repayment of construction cost 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) Water users' rights; conditions; annual charge for operation and maintenance; title to pipelines and facilities.

Upon the completion of the payment of the water users' construction cost obligation, together with the interest thereon, the water users, their designee or designees, shall (1) have a permanent right to the

use of that portion of the project allocable to municipal water supply purposes, so long as the space designated for those purposes may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due . to sedimentation, subject, if the project is then op#erated by the United States, to payment of a reason

able annual charge to 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; (2) be conveyed title to such portions of the pipeline and related facilities as are used solely for delivering project water to the water users. (Pub. L. 87-594, § 2, Aug. 24, 1962, 76 Stat. 395.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in subsec. (b), are classified generally to this title. See Tables for distribution.

The Water Supply Act of 1958, as amended, referred to in subsec. (b), is classified to section 390b of this title.

§ 616m. Contracts with water users' organization; law governing.

Contracts may be entered into with the water users' organization pursuant to the provisions of sections 616k-616s of this title without regard to the last sentence of subsection (c) of section 485h of this title. (Pub. L. 87-594, § 3, Aug. 24, 1962, 76 Stat. 396.)

§ 616n. Transfer of care, operation and maintenance to water users' organization; adjustment of water users' obligation; criteria for operation of works. The Secretary is authorized to transfer to a water users' organization the care, operation, and maintenance of the works herein authorized and, if such transfer is made, may 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 and recreation. (Pub. L. 87-594, § 4, Aug. 24, 1962, 76 Stat. 396.)

§ 6160. Stages of construction; terms and conditions of repayment contracts.

Construction of the Arbuckle project herein authorized may be undertaken in such units or stages as in the opinion of the Secretary best serve the project requirements and the relative needs for water. Repayment contracts negotiated in connection with each unit or stage of construction shall be subject to the terms and conditions of section 6161 of this title. (Pub. L. 87-594, § 5, Aug. 24, 1962, 76

Stat. 397.)

616p. Recreational facilities; construction and operation; law governing use; nonreimbursable costs. The Secretary may (1) contract for the construction of any part of the minimum basic recreational

facilities with any qualified agency of the State of Oklahoma or a political subdivision thereof, and (2) upon conclusion of a suitable agreement with any such agency or political subdivision 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 reservoir of the Arbuckle 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 Arbuckle project for minimum basic recreational facilities as determined by the Secretary. (Pub. L. 87594, § 6, Aug. 24, 1962, 76 Stat. 397.)

616q. Provisions for conservation and development of fish and wildlife.

The Secretary may make such reasonable provision in connection with the works of the Arbuckle Federal reclamation project, in accordance with section 662 of Title 16, as he finds to be required for the conservation and development of fish and wildlife. (Pub. L. 87-594, § 7, Aug. 24, 1962, 76 Stat. 397.)

§ 616r. Expenditures for reservoirs and aqueduct system.

Expenditures for Arbuckle Reservoir, and the water supply aqueduct system, may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act, 1954 (43 U.S.C. 390a). (Pub. L. 87-594, § 8, Aug. 24, 1962, 76 Stat. 397.)

REFERENCES IN TEXT

The soil survey and land classifications requirements of the Interior Department Appropriation Act, 1954, referred to in the text, are classified to section 390a of this title. § 616s. Authorization of appropriations.

There is authorized to be appropriated for construction of the Arbuckle reclamation project the sum of $13,340,000 (March 1962 prices), plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the project. (Pub. L. 87-594, § 9, Aug. 24, 1962, 76 Stat. 397.)

BAKER PROJECT, OREGON

§ 616t. Authorization for construction, operation, and maintenance.

For the purposes of providing irrigation water, controlling floods, conserving and developing fish and wildlife, and providing recreational benefits, 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 facilities of the upper division of the Baker Federal reclamation project, Oregon. The principal works of the project shall consist of a dam and reservoir, pumping plants, and related facilities. (Pub. L. 87-706, § 1, Sept. 27, 1962, 76 Stat. 634.)

REFERENCES IN TEXT

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

§ 616u. Extension of period for repayment of construction costs; repayment from revenues derived from disposition of power; excess lands defined; conditions for furnishing water to excess lands; computation of acreage.

(a) The period provided in section 485h(d) of this title, for repayment of the construction cost properly chargeable to any block of lands and assigned to be repaid by irrigators, may be extended to fifty years, exclusive of any 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 variable repayment plan as is provided therein. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay, within the repayment period or periods herein specified, shall be returned to the reclamation fund within such period or periods from revenues derived by the Secretary of the Interior from the disposition of power from the McNary project power facilities.

(b) Any lands in the upper division of the Baker project, Oregon, which are held in private ownership by a person whose holdings exceed the equivalent of one hundred and twenty acres of class 1 land shall, to the extent they exceed that acreage, be deemed excess lands. No water shall be furnished to such excess lands from, through, or by means of project works unless (1) the owner's total holdings do not exceed one hundred and sixty irrigable acres or (2) said owner shall have executed a valid recordable contract with respect to the excess in like manner as provided in the third sentence of section 423e of this title. In computing "the equivalent of one hundred and twenty acres of class 1 land" under the first sentence of this section, each acre of class 2 land shall be counted as seventy-five one-hundredths of an acre, each acre of class 3 land shall be counted as fifty-five one-hundredths of an acre, and each acre of class 4 land shall be counted as thirty-eight one-hundredths of an acre. (Pub. L. 87-706, § 2, Sept. 27, 1962, 76 Stat. 634.)

§ 616v. Operation of project.

(a) Public recreation facilities; arrangements for operation and maintenance; cost of facilities. The Secretary of the Interior is authorized, in connection with the upper division of the Baker project, to construct minimum basic public recreation facilities and to arrange for the operation and maintenance of the same by an appropriate State or local agency or organization. The cost of constructing such facilities shall be nonreimbursable and nonreturnable under the reclamation laws.

(b) Conservation of fish and wildlife; nonreimburs able costs; transfer of works; agreement fr satisfactory operation; return of works upon noncompliance.

The Secretary may make such reasonable pre vision in the works authorized by sections 616616w of this title as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of sections 661666e of Title 16, and the portion of the construction costs allocated to these purposes and to flood control, together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable Before the works are transferred to an irrigatio water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in a manner satisfactory to the Secretary of the Interior with respect to achieving the fish and wildlife benefits, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits.

(c) Operation of works for flood control; regulations. The works authorized in sections 616t—616w of this title shall be operated for flood control in accordance with regulations prescribed by the Secretary of the Army pursuant to section 709 of Title 33. (Pub. L. 87-706, § 3, Sept. 27, 1962, 76 Stat. 634.)

REFERENCES IN TEXT

The reclamation laws, referred to in subsec. (a), are classified generally to this title. See note under section 616t of this title.

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

§ 616w. Authorization of appropriations.

There is authorized to be appropriated for construction of the Baker Federal reclamation project the sum of $6,168,000 (February 1962 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost 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 project. (Pub. L. 87-706, § 4, Sept. 27, 1962, 76 Stat. 635.)

DIXIE PROJECT, UTAH

§ 616aa. Authorization for construction, operation, and maintenance; purposes and scope; coordination with Cedar City water development program. For the purposes of developing the water resources of the Virgin and Santa Clara Rivers, including the furnishing of municipal and industrial water supplies, the furnishing of an irrigation water supply to approximately twenty-one thousand acres of land, the control of floods, the generation and sale of electric energy, the conservation and development of fish and wildlife resources, and the enhancement of recreation opportunities, the Secretary of the Interior is authorized to construct, operate, and maintain the Dixie project, Utah. The project shall consist of the Virgin City Dam and Reservoir, tunnels, canals, siphons, pumping plants, and other works

necessary to serve irrigated and irrigable lands along and adjacent to the Virgin River; a dam on the Santa Clara River near Gunlock, Utah, and other works necessary to serve irrigated and irrigable lands along and adjacent to the Santa Clara River and on Ivins Bench; and hydroelectric plants and transmission facilities at the Virgin City Dam and at such other points as are desirable. The Dixie project shall be coordinated with the Cedar City water development program which includes the diversion of the waters of Crystal Creek into the Kolob Reservoir, and after completion of the Dixie project said waters of Crystal Creek and of the natural watershed of said Kolob Reservoir shall be exported for use of Cedar City and vicinity in accordance with an agreement entered by Cedar City and Iron County, Utah, on the 26th day of August 1953, with Kolob Reservoir and Storage Association, Incorporated, and Washington County, Utah. (Pub. L. 88-565, § 1, Sept. 2, 1964, 78 Stat. 848.)

§ 616bb. Protection of downstream water users against impairment of water quality from operations of project; indemnification.

The project shall include such measures for the disposition of saline waters of La Verkin Springs as are necessary in the opinion of the Secretary to insure the delivery of water at downstream points along the Virgin River for water users in the States of Arizona and Nevada of suitable quality for irrigation, or provision shall be made to indemnify such water users for any impairment of water quality for irrigation purposes directly attributable to Dixie project operations. (Pub. L. 88-565, § 2, Sept. 2, 1964, 78

Stat. 848.)

§ 616cc. Law governing.

In constructing, operating, and maintaining the works authorized by sections 616aa-616hh of this title, the Secretary shall be goverened by the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto), except as is otherwise provided in sections 616aa-616hh of this title. (Pub. L. 88-565, § 3, Sept. 2, 1964, 78 Stat. 848.)

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 the text, are classified generally to this title. See tables for distribution.

§ 616dd. Conservancy district or similar organization; establishment prerequisite to construction of project; powers of district.

Construction of the project shall not be commenced until there shall be established a conservancy district or similar organization with such powers as may be required by the Secretary, these to include powers to tax both real and personal property within the boundary of the district and to enter into contracts with the United States for the repayment of reimbursable costs. (Pub. L. 88-565, § 4, Sept. 2, 1964, 78 Stat. 848.)

§ 616ee. Interest rate; basis for determination by the Secretary of the Treasury; repayment of construction costs; period for repayment.

The interest rate to be used for purposes of computing interest during construction and interest on

the unpaid balance of those portions of the reimbursable costs which are properly allocable to commercial power development and municipal and industrial water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which this bill is enacted, 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. If the interest rate so computed is not a multiple of one-eighth of 1 per centum, the rate of interest to be used for these purposes shall be the multiple of one-eighth of 1 per centum next lower than the rate so computed. The portions of the costs which are allocable to commercial power development and to municipal and industrial water supply shall be repaid over a period of fifty years with interest at the rate determined in accordance with this section. The portion of the cost which is allocable to irrigation shall be repaid, pursuant to reclamation law, within fifty years plus any authorized development period. (Pub. L. 88-565, § 5, Sept. 2, 1964, 78 Stat. 848.)

REFERENCES IN TEXT

The beginning of the fiscal year in which this bill is enacted, referred to in the text, means the fiscal year in which Pub. L. 88-565, hich added sections 616aa--616hh of this title, was enacted, namely Sept. 2, 1964.

The reclamation law, referred to in the text, is classified generally to this title. See note under section 616cc of this title.

§ 616ff. Public recreation facilities; nonreimbursable costs; limitation of authority under existing provisions of law.

The Secretary is authorized in connection with the project to construct, operate, and maintain or otherwise provide for the basic public outdoor recreation facilities, to acquire or otherwise to include within the project area such adjacent lands or interests therein as are necessary for public recreation use, to allocate water and reservoir capacity to recreation, and to provide for the public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with other project purposes. The Secretary is authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, and additional development of project lands or facilities, or to dispose of project lands or facilities to Federal agencies, or State or local public bodies by lease, transfer, conveyance, or exchange, upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation purposes. The costs of the aforesaid undertakings, and the costs of the project allocated to fish and wildlife enhancement, including costs of investigation, planning, Federal operation and maintenance, and an appropriate share of joint costs of the project, shall be nonreimbursable. Nothing herein shall limit the authority of the Secretary granted by existing provisions of law relating to recreation development of water resource projects, or disposition of public lands for recreational purposes. (Pub. L. 88-565, § 6, Sept. 2, 1964, 78 Stat. 849.)

The Boulder Canyon Project Act, referred to in the text, is classified to subchapter I of chapted 12A of this title.

§ 616hh. Authorization of appropriations.

There is hereby authorized to be appropriated for the construction of the Dixie project, the sum of $42,700,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to types of construction involved therein, and, in addition thereto, such sums as may be required to operate and maintain said project. (Pub. L. 88-565, § 8, Sept. 2, 1964, 78 Stat. 849.)

SAVERY-POT HOOK PROJECT, COLORADOWYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

§ 616ii. Construction and

operation; engineering

plans; acreage modification.

The Savery-Pot Hook Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior transmitted to the Congress on June 25, 1962, and printed as House Document 461, Eighty-seventh Congress. The Bostwick Park Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior submitted to the Congress on July 20, 1962, and printed as House Document 487, Eighty-seventh Congress. The Fruitland Mesa Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior transmitted to Congress on April 19, 1963, and printed as House Document 107, Eighty-eighth Congress. Acreage equivalents expressed in those reports may be modified at the discretion of the Secretary of the Interior. (Pub. L. 88-568, § 2, Sept. 2, 1964, 78 Stat. 852.)

§ 616jj. Provisions applicable to the projects; acreage limitation in single ownership for reception of project water.

For the purpose of assisting in the permanent settlement of farm families, protecting project land, facilitating project development, and other beneficial purposes, the provisions of the Act of August 28, 1958 (72 Stat. 963), relating to the Seedskadee project in Wyoming, are hereby made equally applicable to the Savery-Pot Hook, Bostwick Park, and Fruitland Mesa projects and all references therein to "Wyoming", "the State of Wyoming", "the laws of the State of Wyoming", or "said State" shall also refer to the State of Colorado to the extent that lands of the said projects are situated therein, except that on the said projects the limitation on lands held in

single ownership which may be eligible to recebe project water from, through, or by means of projer works shall be one hundred and sixty acres of clas 1 land as defined for the Bostwick Park project a the equivalent thereof in other land classes as determined by the Secretary of the Interior. (Pub. L 88-568, § 3, Sept. 2, 1964, 78 Stat. 852.)

REFERENCES IN TEXT

The Act of August 28, 1958 (72 Stat. 963), referred t in the text, was not classified to the Code.

§ 616kk. Recreational and fish and wildlife facilities (a) Nonreimbursable costs; provisions for reimbursement, contributions by non-Federal interests, and reallocation of joint costs; methods deemed ap propriate by Secretary of Interior.

Costs of the Bostwick Park, Fruitland Mesa, and Savery-Pot Hook projects, incurred pursuant to section 620g of this title, including an appropriate share of the aggregate of joint costs allocated to recreatica and fish and wildlife enhancement shall be nonreimbursable: Provided, That in the case of the Bostwick Park project joint costs allocated to recreation and fish and wildlife enhancement shall in the aggregate be nonreimbursable only to the extent they do not exceed 25 per centum of the cost of joint use land and facilities of that project (joint use land and facilities being defined as land or facilities serving two or more project purposes one of which is recreation or fish and wildlife enhancement) and: Provided further, That provisions shall be made for the reimbursement, for the contribution by nonFederal interests, or for the reallocation of joint costs of said project allocated to recreation and fish and wildlife enhancement in excess of the foregoing limit under one or a combination of the following methods as may be determined appropriate by the Secretary: (1) provision by non-Federal interests of lands or interests therein, or facilities required for the project; (2) payment, or repayment, with interest at a rate determined in accordance with section 620d(d) of this title pursuant to agreement with one or more non-Federal public bodies; (3) reallocation to other project functions in the same proportion as joint costs are allocated among such functions.

(b) Transfer of lands by Secretary of Interior for administration as national forest; jurisdiction and operational control of project lands within national forests.

In connection with the Bostwick Park and Fruitland Mesa projects the Secretary of the Interior shall transfer lands acquired for the projects within exerior national forest boundaries for administration as national forest, and jurisdiction of national forests lands within the projects shall remain with the Secretary of Agriculture for recreation and other national forest system purposes: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the projects for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation.

(c) Allocation of fish and wildlife damage-mitigation costs among other project functions.

Costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be con