(Pub. sidered as project costs and allocated as may be appropriate among other project functions. L. 88-568, § 4, Sept. 2, 1964, 78 Stat. 852.) § 6167. Restriction on delivery of water for production of excessive basic commodities. For a period of ten years from September 2, 1964, no water from the projects authorized by this Act shall be delivered to any water user for the production of 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. 88-568, § 5, Sept. 2, 1964, 78 Stat. 853.) REFERENCES IN TEXT This Act, referred to in the text, means Pub. L. 88-568, which enacted sections 616ii-616mm and amended sections 620 and 620a of this title. The Agricultural Act of 1949, referred to in the text, is classified principally to chapter 35A of title 7, Agriculture. See short title note under section 1421 of title 7. CROSS REFERENCES Basic agricultural commodity defined in Agricultural Act of 1949, see section 1428 (c) of Title 7, Agriculture. § 616mm. Appropriations. The amount which section 620k of this title authorizes to be appropriated is hereby increased by the sum of $47,000,000 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 additional sum shall be available solely for the construction of the projects herein authorized. (Pub. L. 88-568, § 1, Sept. 2, 1964, 78 Stat. 852.) LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO § 616nn. Authorization for construction, operation, and maintenance; purposes; principal engineering features; law governing; operation consistent with storage rights agreements. In order to assist in the irrigation of arid and semiarid lands in the upper Snake River Valley, Idaho, to provide facilities for river power opportunities created thereby and, as incidents to the foregoing purposes, to enhance recreational opportunities and provide for the conservation and development of fish and wildlife, the Secretary of the Interior is authorized to construct, operate, and maintain the Lower Teton division of the Teton Basin Federal reclamation project. The principal engineering features of the said project shall be a dam and reservoir at the Fremont site, a pumping plant, powerplant, canals and water distribution facilities, ground water development, and related facilities in the upper Snake River Valley, Idaho. In the construction, operation, and maintenance of the said project and project works the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplemen36-500 0-65-vol. 951 tary thereto). The project shall be operated consistent with the existing agreements as to storage rights in the Federal reclamation reservoirs in the upper Snake River Basin. (Pub. L. 88-583, § 1, Sept. 7, 1964, 78 Stat. 925.) REFERENCES IN TEXT The Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto), referred to in the text, are classified generally to this title. See tables for distribution. § 61600. Extension of period for repayment of construction costs; repayment from revenues derived from disposition of power. 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 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 from revenues derived by the Secretary from the disposition of power marketed through the Bonneville Power Administration and attributable to Federal projects in Idaho. (Pub. L. 88-583, § 2, Sept. 7, 1964, 78 Stat. 925.) § 616pp. Public recreation facilities; nonreimbursable costs; limitation of authority under existing provisions of law. (a) The Secretary is authorized to construct, operate, and maintain or otherwise provide for basic public outdoor recreation facilities, to acquire or otherwise to include within the division 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 division lands, facilities, and water areas in a manner coordinated with the other division functions. The Secretary is authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, or additional development of division lands or facilities, or to dispose of division 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 and facilities in the public interest for recreation purposes. The costs of the aforesaid undertakings, including costs of investigation, planning, Federal operation and maintenance, 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 to disposition of public lands for recreation purposes. (b) Costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among other division functions. (Pub. L. 88-583, § 3, Sept. 7, 1964, 78 Stat. 925.) 1 §616qq. Water users contracts; amendment; new contracts; power operations to absorb cost of reduction of annual obligations for winter water power replacements; conditions for construction of facilities; subscription of conservation capacity in Fremont reservoir, negotiations, and reports to President and Congress. (a) The Secretary is authorized to amend contracts heretofore made under the Acts of September 30, 1950 (64 Stat. 1083), and of August 31, 1954 (68 Stat. 1026), whereby the water users assumed an obligation for winter power replacement based on the winter water savings program at the Minidoka powerplant to relieve the contractors ratably by onethird of that obligation, and to make new contracts under these Acts on a like basis. To the extent such annual obligations are reduced, the cost thereof shall be included in the cost to be absorbed by the power operations of the Federal power system in Idaho. (b) The actual construction of the facilities herein authorized shall not be undertaken until at least 80 per centum of the conservation capacity in Fremont Reservoir is under subscription, nor until negotiations have been undertaken in accordance with the provisions of (a) of this section. (c) No construction shall be undertaken on facilities of the Lower Teton division which are required solely to provide a full water supply to lands in the Rexburg Bench area until the Secretary has submitted his report and finding of feasibility on this phase of the division to the President and to the Congress. (Pub. L. 88-583, § 4, Sept. 7, 1964, 78 Stat. 926.) REFERENCES IN TEXT The Acts of September 30, 1950 (64 Stat. 1083), and of August 31, 1954 (68 Stat. 1026), referred to in subsec. (a), provided for the Palisades Dam and Reservoir and Michaud Flats projects, Idaho, respectively, and were not classified to the Code. § 616rr. Authorization of appropriations. There is hereby authorized to be appropriated for the construction of the Lower Teton division of the Teton Basin Federal reclamation project, the sum of $52,000,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved therein, and, in addition thereto, such sums as may be required to operate and maintain said division. (Pub. L. 88-583, § 5, Sept. 7, 1964, 78 Stat. 926.) WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON § 616ss. Authorization for construction, operation, and maintenance. For the purpose of furnishing a new and a supplemental water supply for the irrigation of approximately two thousand five hundred and fifty acres of land in Okanogan County, Washington, for the purpose of undertaking the rehabilitation and betterment of existing works serving a major portion of these lands, and for conservation and development of fish and wildlife resources and improvement of public recreation facilities, the Secretary of the Interior is authorized to construct, operate, and maintain the Whitestone Coulee unit of the Okanogan Similkameen division of the Chief Joseph Dam proect, in accordance with the provisions of the Feder reclamation laws (Act of June 17, 1902, 32 Stat and Acts amendatory thereof or supplementa thereto). The principal works of the unit shall cosist of: facilities to permit enlargement and utiliz tion of Spectacle Lake storage; related canal an conduits, diversion dam, pumping plants, and ds tribution systems; and necessary works incidenta to the rehabilitation and expansion of the existing irrigation system. (Pub. L. 88-599, § 1, Sept. 18 1964, 78 Stat. 955.) § 616tt. Application of other laws; construction costs The provisions of section 2 of the Act of July 7. 1954 (68 Stat. 568, 569), shall be applicable to the Whitestone Coulee unit of the Okanogan-Similka- : meen division of the Chief Joseph Dam project. The term "construction costs" used therein shall include any irrigation operation, maintenance, and replacement 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. (Pub. L. 88-599, § 2, Sept. 18, 1964, 78 Stat. 955.) § 616uu. Recreational facilities; construction and operation; agreements with Federal agencies, State, or local public bodies; nonreimbursable costs; project costs. (a) The Secretary is authorized as a part of the Whitestone Coulee unit to construct, operate, and maintain or otherwise provide for basic public outdoor recreation facilities, to acquire or otherwise to include within the unit 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 public use and enjoyment of unit lands, facilities, and water areas in a manner coordinated with the other unit 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 unit lands or facilities. or to dispose of unit lands or facilities to Federal agencies or State or local public bodies by lease. transfer, exchange, or conveyance, 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, including costs of investigation, planning, Federal operation and maintenance, and an appropriate share of the joint costs of the unit, shall be nonreimbursable. Nothing herein shall limit the authority of the Secretary granted by existing provisions of law relating to recreation development of water resources projects or the disposition of public lands for recreational purposes. (b) The costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among the project functions. (Pub. L. 88-599, § 3, Sept. 18, 1964, 78 Stat. 955.) § 616vv. Authorization of appropriations. There are hereby authorized to be appropriated for construction of the new works involved in the mief Josep ts" used ther n, maintenan developmen Der to fa he water Chapter 12A.—BOULDER CANYON PROJECT SUBCHAPTER I.—BOULDER CANYON PROJECT ACT Sec. 617. Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain. 617a. "Colorado River Dam Fund." iate share of reimbursable ity of the Se of law relati esources prue project costs t. 18, 1964, 775 appropriations thorized to b new works (a) Creation of fund; purpose; receipts and expenditures under control of the Secretary of the Interior. (b) Advancements to fund by the Secretary of the Treasury; allocation; repayment; interest. (c) Limitation on use made of advancements. (d) Unpaid interest on advancements; charge on fund; rate of interest. (e) Money in fund in excess of amount needed; certification of fact; disposition. Authorization of appropriations. Condition precedent to taking effect of provisions. (a) Ratification by interested States of Colorado River compact; agreements for apportionment of waters. Sec. 6170. Officials of ratifying States; authority to act in advisory capacity; access to records. Claims of United States; priority. Effect on authority of States to control waters within own borders. 617p. 617q. 617r. Consent given States to negotiate supplemental compacts for development of Colorado River. 617s. Recognition of rights of Mexico to Colorado River waters. 617t. 617u. Short title. Lease of reserved lands in Boulder City, Nevada; disposition of revenues. 617v. Repealed. (b) Agreements for revenues to meet expenses of construction, operation, and maintenance of works. 618h. 617d. Contracts for storage and use of waters for irrigation and domestic purposes; generation and sale of electrical energy. (a) Duration of contracts for electrical energy; price of water and electrical energy to yield reasonable returns; readjustments of prices. (b) Renewal of contracts for electrical energy. (c) Applicants for purchase of water and electrical energy; preferences. (d) Transmission lines for electrical energy; use; rights-of-way over public and reserved lands. 617e. Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority of Federal Power Commission. 6171. Canals and appurtenant structures; transfer of title; power development. 617g. Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works. 617h. Lands not capable of irrigation and reclamation by irrigation works provided for; public entry; pref 6171. 6171. 617k. 6172. erences. Modification of existing compact relating to La- Parker-Gila Valley reclamation project. Colorado River compact approval. (a) Approval by Congress. (b) Rights in waters of Colorado River and (c) Patents, grants, contracts, concessions, etc.; 617m. Reclamation law applicable. 817n. Projects for irrigation, generation of electric power, and other purposes; investigations and reports. 6181. 6181. 618k. 6181. Repayment of advances for flood control. Regulations; contracts; modification of allotments of energy. Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency. Effective date. Effect of refusal to modify existing contracts. Definitions. Repealed. Act May 28, 1954, ch. 241, 68 Stat. 143, provided that: "For the purposes of effecting economies and increased efficiency in the construction, operation, and maintenance thereof and of accounting for the return of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Parker-Davis project, ArizonaCalifornia-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided, That nothing in this Act shall be construed to alter or affect in any way the Boulder Canyon Project Act (45 Stat. 1057) [subchapter I of this chapter], the Boulder Canyon Project Adjustment Act (54 Stat. 774) [subchapter II of this chapter], or the treaty between the United States of America and the United Mexican States, signed at Washington on February 3, 1944, relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico: Provided further, That nothing in this Act shall be construed to alter or affect in any way any right or obligation of the United States or any other party under contracts heretofore entered into by the United States. "SEC. 2. Funds heretofore appropriated for the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada, shall be consolidated and shall be and remain available for the purposes for which they were appropriated." SUBCHAPTER I.-BOULDER CANYON PROJECT ACT CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER Consolidation of Parker and Davis Dam projects as not affecting this subchapter, see note preceding this subchapter. § 617. Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain. For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior subject to the terms of the Colorado River compact hereinafter mentioned in this chapter, is authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by proceedings in eminent domain, or otherwise, all lands, rights-of-way, and other property necessary for said purposes. (Dec. 21, 1928, ch. 42, § 1, 45 Stat. 1057.) CHANGE OF NAME Act Apr. 30, 1947, ch. 46, 61 Stat. 56 restored the name Hoover Dam to the dam on the Colorado River in Black Canyon known previously as Boulder Dam, and provided that any law, regulation, document, or record in which that dam is designated or referred to as Boulder Dam shall be held to refer to that dam under and by the name of Hoover Dam. CONSTRUCTION WITH OTHER LAWS Act Aug. 4, 1939, ch. 418, § 18, provided that nothing in that act should be construed to amend the Boulder Canyon Project Act (this subchapter). See note under section 485] of this title. CROSS REFERENCES Gila project, Arizona, as not amending this subchapter, see note under section 613 of this title. § 617a. "Colorado River Dam Fund." (a) Creation of fund; purpose; receipts and a penditures under control of the Secretary of the Interior. There is established a special fund, to be know: as the "Colorado River Dam fund" (hereinafte referred to as the "fund"), and to be available as hereafter provided for, only for carrying out the provisions of this subchapter. All revenues received in carrying out the provisions of this subchapter shall be paid into and expenditures shall be mad out of the fund, under the direction of the Secreta of the Interior. (b) Advancements to fund by the Secretary of the Treasury; allocation; repayment; interest. The Secretary of the Treasury is authorized to advance to the fund, from time to time and within the appropriations therefor, such amounts as the Secretary of the Interior deems necessary for carrying out the provisions of this subchapter, except that the aggregate amount of such advances shall not exceed the sum of $165,000,000. Of this amount the sum of $25,000,000 shall be allocated to flood control and shall be repaid to the United States out of 621⁄2 per centum of revenues, if any, in excess of the amount necessary to meet periodical payments during the period of amortization, as provided in section 617c of this title. If said sum of $25,000,000 is not repaid in full during the period of amortization, then 622 per centum of all net revenues shall be applied to payment of the remainder. Interest at the rate of 4 percentum per annum accruing during the year upon the amounts so advanced and remaining unpaid shall be paid annually out of the fund, except as herein otherwise provided. (c) Limitation on use made of advancements. Moneys in the fund advanced under subsection (b) of this section shall be available only for expenditures for construction and the payment of interest, during construction, upon the amounts so advanced. No expenditures out of the fund shall be made for operation and maintenance except from appropriations therefor (d) Unpaid interest on advancements; charge on fund; rate of interest. The Secretary of the Treasury shall charge the fund as of June 30 in each year with such amount as may be necessary for the payment of interest on advances made under subsection (b) of this section at the rate of 4 per centum per annum accrued during the year upon the amounts so advanced and remaining unpaid, except that if the fund is insufficient to meet the payment of interest the Secretary of the Treasury may, in his discretion, defer any part of such payment, and the amount so deferred shall bear interest at the rate of 4 per centum per annum until paid. (e) Money in fund in excess of amount needed; certification of fact; disposition. The Secretary of the Interior shall certify to the Secretary of the Treasury, at the close of each fiscal year, the amount of money in the fund in excess of the amount necessary for construction, operation. and maintenance, and payment of interest. Upon receipt of each such certificate the Secretary of the Treasury is authorized and directed to charge the fund with the amount so certified as repayment of the advances made under subsection (b) of this rol of te section, which amount shall be covered into the Treasury to the credit of miscellaneous receipts. (Dec. 21, 1928, ch. 42, § 2, 45 Stat. 1057.) speca Dam i DE only fr ter § 617b. Authorization of appropriations. There is authorized to be appropriated from time to time, out of any money in the Treasury not otherrisons: wise appropriated, such sums of money as may be pend necessary to carry out the purposes of this subchapter, not exceeding in the aggregate $165,000,000. (Dec. 21, 1928, ch. 42, § 3, 45 Stat. 1058.) d by the se repaymer: me to uch am bchapte advarss Of th cated to United Sue of any 28 t period tion, & 20 d sum of £5 Deriod of et revenues nder m acc riced and r out of the § 617c. Condition precedent to taking effect of provisions. (a) Ratification by interested States of Colorado River compact; agreements for apportionment of waters. of Article III of the Colorado River compact, there shall be apportioned to the State of Nevada 300,000 acre-feet and to the State of Arizona 2,800,000 acrefeet for exclusive beneficial consumptive use in perpetuity, and (2) that the State of Arizona may annually use one-half of the excess or surplus waters unapportioned by the Colorado River compact, and (3) that the State of Arizona shall have the exclusive beneficial consumptive use of the Gila River and its tributaries within the boundaries of said State, and (4) that the waters of the Gila River and its tributaries, except return flow after the same enters the Colorado River, shall never be subject to any diminution whatever by any allowance of water which may be made by treaty or otherwise to the United States of Mexico but if, as provided in paragraph (c) of Article III of the Colorado River compact, it shall become necessary to supply water to the United States of Mexico from waters over and above the quantities which are surplus as defined by said compact, then the State of California shall and will mutually agree with the State of Arizona to supply out of the main stream of the Colorado River, onehalf of any deficiency which must be supplied to Mexico by the lower basin, and (5) that the State of California shall and will further mutually agree with the States of Arizona and Nevada that none of said three States shall withhold water and none shall require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses, and (6) that all of the provisions of said triState agreement shall be subject in all particulars to the provisions of the Colorado River compact, and (7) said agreement to take effect upon the ratification of the Colorado River compact by Arizona, California, and Nevada. This subchapter shall not take effect and no authority shall be exercised under such sections and no work shall be begun and no moneys expended on or in connection with the works or structures provided for in this subchapter, and no water rights shall be claimed or initiated thereunder, and no steps shall be taken by the United States or by others to initiate or perfect any claims to the use of water pertinent to such works or structures unless and until (1) the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have ratified the Colorado River compact, mentioned in section 6171 of this title, and the President by public proclamation shall have so declared, or (2) if said States fail to ratify the said compact within six months from December 21, 1928, then, until six of said States, including the State of California, shall ratify said compact and shall consent to waive the provisions of the first paragraph of Article XI of said compact, which makes the same binding and obligatory only when approved by each of the seven States signatory thereto, and shall have approved said compact without conditions, save that of such six-State approval, and the President by public proclamation shall have so declared, and, further, until the State of California, by act of its legislature, shall agree irrevocably and unconditionally with the United States and for the benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an express covenant and in consideration of the passage of this subchapter, that the aggregate annual consumptive use (diversions less returns to the river) of water of and from the Colorado River for use in the State of California, including all uses under contracts made under the provisions of this subchapter and all water necessary for the supply of any rights which existed on December 21, 1928, shall not exceed four million four hundred thousand acre-feet of the waters apportioned to the lower basin States by paragraph (a) of Article III of the Colorado River compact, plus not more than one-half of any excess or surplus waters unapportioned by said compact, such uses always to be subject to the terms of said compact. The States of Arizona, California, and Nevada are authorized to enter into an agreement which shall provide (1) that of the 7,500,000 acre-feet annually apportioned to the lower basin by paragraph (a) at the cibe ley in the a or Const smert icate the Sec directed (b) Agreements for revenues to meet expenses of construction, operation, and maintenance of works. Before any money is appropriated for the construction of said dam or power plant, or any construction work done or contracted for, the Secretary of the Interior shall make provision for revenues by contract, in accordance with the provisions of this subchapter, adequate in his judgment to insure payment of all expenses of operation and maintenance of said works incurred by the United States and the repayment, within fifty years from the date of the completion of said works, of all amounts advanced to the fund under subsection (b) of section 617a of this title for such works together with interest thereon made reimbursable under this subchapter. Before any money is appropriated for the construction of said main canal and appurtenant structures to connect the Laguna Dam with the Imperial and Coachella Valleys in California, or any construction work is done upon said canal or contracted for, the Secretary of the Interior shall make provision for revenues, by contract or otherwise, adequate in his judgment to insure payment of all expenses of construction, operation, and maintenance of said main canal and appurtenant structures in the manner provided in the reclamation law. If during the period of amortization the Secretary of the Interior shall receive revenues in excess of the amount necessary to meet the periodical payments |