§ 614. Authorization for construction, operation, and maintenance.

For the purposes of furnishing water for the irrigation of approximately fifty thousand acres of land in the Carson and Truckee River Basins, Nevada and California, providing drainage service to approximately thirty-one thousand acres of land therein, firming the existing water supplies of lands under the Truckee River storage project and the Newlands project, controlling floods, providing hydroelectric power, development of fish and wildlife resources, and for other beneficial purposes, the Secretary of the Interior is authorized to construct, operate, and maintain the Washoe reclamation project consisting of two principal reservoirs at the Stampede and Watasheamu sites, together with other necessary works for the impounding, diversion, and the delivery of water, the generation and transmission of hydroelectric power, and the drainage of lands. The dam at the Stampede site shall be so constructed as to permit its ultimate enlargement to a height at which the reservoir will have a capacity of approximately one hundred and seventyfive thousand acre-feet. (Aug. 1, 1956, ch. 809, § 1, 70 Stat. 775.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 614a, 614c of this title.

water releases from Lake Tahoe and restoration of the Pyramid Lake fishery. The cost of such facilities, including operation and maintenance, shall be nonreimbursable. The cost to the Federal Government of constructing these facilities shall not exceed $2,000,000. This amount shall not include the cost of measures undertaken, pursuant to section 662 of Title 16, to mitigate damages to fish and wildlife resources occasioned by the Washoe project as authorized by section 614 of this title. (Aug. 1, 1956, ch. 809, § 4, 70 Stat. 777.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 614a of this title. § 614d. Authorization of appropriations.

There is authorized to be appropriated for construction of the Washoe reclamation project the sum of $52,000,000 (April 1958 prices) plus 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 therein and, in addition thereto, such sums as may be required to operate and maintain the project: Provided, That the appropriation of funds for the construction, operation, or maintenance of facilities authorized by section 614c of this title shall not be from the reclamation fund. (Aug. 1, 1956, ch. 809, § 5, 70 Stat. 777; Aug. 21, 1958, Pub. L. 85-706, 72 Stat. 705.)

AMENDMENTS

1958-Pub. L. 85-706 substituted "$52,000,000 (April 1958 prices)" for "$43,700,000".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 614a, 614c of this title.

§ 616aaa. Authorization for construction, operation. and maintenance; purpose; principal works.

For the principal purpose of increasing the supply of water available for irrigation and other beneficial uses in the Central Valley of California, the Secretary of the Interior (hereinafter referred to as the "Secretary"), 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, as an addition to, and an integral part of, the Central Valley project, California, the AuburnFolsom South unit, American River division. The principal works of the unit shall consist of

of Sacramento and San Joaquin Counties: Provided, That the Secretary is authorized to include in such canal and related operating structures such additional works or capacity as he deems necessary and economically justified to provide for the future construction of the East Side division of the Central Valley project, and the incremental costs of providing additional works or capacity in the Folsom South canal to serve the East Side division of the Central Valley project shall be assigned to deferred use for repayment from Central Valley project revenues. In the event that the East Side division is authorized, such costs shall be deemed a part of the cost of that division and shall be reallocated as the Secretary deems right and proper.

(Pub. L. 89-161, § 1, Sept. 2, 1965, 79 Stat. 615.)

REFERENCES IN TEXT

The Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplemen

69-254 O - 72 - 20

§ 616ccc. Public outdoor recreation and fish and wildlife facilities.

(a) Construction, operation, and maintenance; acquisition of and inclusion of lands in unit area; allocation of water; public use and enjoyment; agreements with Federal agencies, State, or local public bodies; transfers of lands and facilities for development and operation.

Subject to the provisions of subsections (b), (c), (d), and (e) of this section, the Secretary is authorized in connection with the Auburn-Folsom South unit (i) to construct, operate, and maintain or provide for the construction, operation, and maintenance of public outdoor recreation and fish and wildlife enhancement facilities, (ii) to acquire or otherwise to include within the unit area such adjacent lands or interests in land as are necessary for present or future public recreation or fish and wildlife use, (iii) to allocate water and reservoir capacity to recreation and fish and wildlife enhancement, and (iv) to provide for the public use and enjoyment of unit lands, facilities, and water areas in a manner coordinated with other unit purposes. The Secretary is further authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, and replacement of unit facilities, and to transfer unit lands or facilities to Federal agencies or State or local public bodies by lease 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 and fish and wildlife enhancement purposes.

(c) Non-Federal administration of unit land and water areas; costs; preconstruction agreement; nonreimbursable costs; absence of agreement; public health and safety requirement of minimum facilities at access points and allocation of unit costs.

(1) If, before commencement of construction of the unit, non-Federal public bodies agree to administer unit land and water areas for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the unit approved by the Secretary and to bear not less than one-half the separable costs of the unit allocated to either or both of said purposes, as the case may be, and all the costs of operation, maintenance, and replacement incurred in connection therewith, the remainder of the separable capital costs so allocated shall be nonreimbursable.

(2) In the absence of such a preconstruction agreement recreation and fish and wildlife enhancement facilities (other than minimum facilities for the public health and safety at reservoir access points) shall not be provided, and the allocation of unit costs shall reflect only the number of visitor days and the value per visitor day estimated to result from such diminished recreation development

without reference to lands which may be provided pursuant to subsection (e) of this section.

(d) Non-Federal share of costs.

The non-Federal share of the separable capital costs of the unit allocated to recreation and fish and wildlife enhancement shall be borne by non-Federal interests, under either or both of the following methods as may be determined appropriate by the Secretary: (i) payment, or provision of lands, interests therein, or facilities for the unit; or (ii) repayment, with interest, within fifty years of first use of unit recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment may be limited to entrance and user fees or charges collected at the unit by non-Federal interests if the fee schedule and the portion of fees dedicated to repayment are established on a basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years.

(e) Preservation of recreation and fish and wildlife enhancement potential; execution of agreements within ten year period; disposition of lands in absence of such agreements; prohibition against uses conflicting with project purposes, and preference to uses promoting and not detracting from such potential.

Notwithstanding the absence of preconstruction agreements as specified in subsection (c) of this section lands may be acquired in connection with construction of the unit to preserve its recreation potential, its fish and wildlife enhancement potential, or both.

(1) If non-Federal public bodies agree within ten years after initial unit operation to administer unit land and water areas for recreation and fish and wildlife enhancement pursuant to the plan for development of the unit approved by the Secretary and to bear not less than one-half the costs of land acquired therefor pursuant to this subsection and facilities and project modifications provided for those purposes and all costs of operation, maintenance, and replacement incurred therefor, the remainder of the costs of such lands, facilities, and project modifications shall be nonreimbursable. Such agreement and subsequent development shall not be the basis for any allocation of joint costs of the unit to recreation or fish and wildlife enhancement.

(2) If, within ten years after initial operation of the unit, there is not an executed agreement as specified in paragraph (1) of this subsection, the Secretary may utilize the lands for any lawful purpose within the jurisdiction of the Department of the Interior, or may transfer custody of the lands to another Federal agency for use for any lawful purpose within the jurisdiction of that agency, or may lease the lands to a non-Federal public body, or may transfer the lands to the Administrator of General Services for disposition in accordance with the surplus property laws of the United States. In no case shall the lands be used or made available for use for any purpose in conflict with the purposes for which the project was constructed, and in every case preference shall be given to uses which will preserve and promote the recreation and fish and wild

life enhancement potential of the project or, in the absence thereof, will not detract from that potential. (f) Nonreimbursable costs.

Subject to the limitations hereinbefore stated, joint capital costs allocated to recreation and fish and wildlife enhancement shall be nonreimbursable.

(g) Allocation of fish and wildlife damage-mitigation among all unit purpose.

Costs of means and measures to prevent loss of and damage to fish and wildlife shall be treated as

unit costs and allocated among all unit purposes. (h) Interpretation of "nonreimbursable”.

As used in sections 616aaa to 616fff of this title, the term "nonreimbursable" shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges. (Pub. L. 89-161, § 3, Sept. 2, 1965, 79 Stat. 616.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616bbb, 616ddd, 616eee of this title.

§ 616ggg. Authorization for construction, operation, and maintenance of project; distribution of water within Clark County, Nevada.

The Secretary of the Interior is authorized to construct, operate, and maintain the southern Nevada water project, Nevada, in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), except as those laws are inconsistent with sections 616ggg to 616mmm of this title for the principal purpose of delivering water for municipal and industrial use. The principal features of the southern Nevada water project shall consist of intake facilities, pumping plants, aqueduct and laterals, transmission lines, substations, and storage and regulatory facilities required to provide water from Lake Mead on the Colorado River for distribution to municipalities and industrial centers within Clark County, Nevada. L. 89-292, § 1, Oct. 22, 1965, 79 Stat. 1068.)

REFERENCES IN TEXT

(Pub.

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 for distribution.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 616ll of this title.

§ 616hhh. Allocation of project costs.

(a) Allocation to municipal and industrial water supply; fish, wildlife, and recreation.

The Secretary shall make appropriate allocations of project costs to municipal and industrial water supply and, if appropriate, to fish and wildlife and recreation: Provided, That all operation and maintenance costs for the southern Nevada water project

shall be allocated to municipal and industrial water supply. Construction costs of the River Mountains dam and reservoir allocated to fish and wildlife and recreation shall be nonreimburseable in accordance with the Federal Water Project Recreation Act. (b) Repayment of allocated project costs; interest.

Allocations of project costs made to municipal and industrial water supply shall be repayable to the United States in not more than fifty years under either the provisions of the Federal reclamation laws or under the provisions of Water Supply Act of 1958 (title III of Public Law 85-500, 72 Stat. 319 and Acts amendatory thereof or supplementary thereto): Provided, That, in either case, repayment of costs allocated to municipal and industrial water supply shall include interest on the unamortized balance of such allocations at a rate equal to the average rate (which rate shall be certified by the Secretary of the Treasury) paid by the United States on its marketable long-term securities outstanding on October 22, 1965, and adjusted to the nearest one-eighth of 1 per centum. (Pub. L. 89292, § 2, Oct. 22, 1965, 79 Stat. 1068.)

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is Pub. L. 89-72 and is classified to section 460112 et seq. of Title 16, Conservation.

The Federal reclamation laws, referred to in text, are classified generally to this title. See Tables for

distribution.

The Water Suply Act of 1958 (title III of Public Law 85-500, 72 Stat. 319), is classified to section 390b of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616ggg, 616ll of this title.

AN ACT

To authorize the Secretary of Interior to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen division, Chief Joseph Dam project, Washington, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of furnishing a new and a supplemental water supply for the

irrigation of approximately eight thousand four 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, the Secretary of Interior is authorized to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen

division of the Chief Joseph Dam project, in accordance with the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the unit shall consist of: facilities to permit enlargement and utilization of Palmer Lake storage; related canal, diversion dam, pumping plants, and distribution systems; and necessary works incidental to the rehabilitation of the existing irrigation system.

SEC. 3. The Secretary may make such provisions for fish and wildlife conservation, including the installation, operation and maintenance of fish screens at the pump plants and diversion dam, and provision for sufficient flows in the rivers below Palmer Lake, as he finds to be required for the mitigation of losses or damages to existing fishery and wildlife resources, and, if he determines that it is practicable and desirable to reestablish anadromous fish runs in the Similkameen River, may make such provisions, including the construction, operation, and maintenance of fish ladders and other control works, and downstream flow releases as he finds to be required to accomplish that purpose. The Secretary is further authorized to make pro

visions for access to project areas for the general public, including fishermen and hunters. An appropriate portion of the construction costs of the unit shall be allocated as provided in the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.), which, together with the portion of the operation, maintenance, and replacement costs allocated to this function or the equivalent capitalized value thereof, shall be nonreimbursable and nonreturnable under the Federal reclamation laws.

SEC. 4. There are hereby authorized to be appropriated for construction of the works authorized by this Act not to exceed $3,210,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations from January 1961 construction costs as indicated by engineering costs indices applicable to the type of construction involved herein, and not to exceed $400,000 for carrying out the provisions of section 3 of this Act, in addition to the cost of fish screens, when the Secretary finds that conditions justify such expenditures. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. Approved October 9, 1962.

§ 616nnn. Authorization for construction, operation, and maintenance; purposes; principal features. In order to supply irrigation water to approximately seventeen thousand acres of land in the Tualatin River Valley, Oregon, to develop municipal and industrial water supplies, to provide facilities for river regulation and control of floods, to enhance recreation opportunities, to provide for the conservation and development of fish and wildlife resources, and for other purposes, the Secretary of the Interior is authorized to construct, operate, and maintain the Tualatin Federal reclamation project in accordance with the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto). The principal features of the said project shall be a dam and reservoir on Scoggin Creek, canals, pumping plants and water distribution facilities. (Pub. L. 89-596, § 1, Sept. 20, 1966, 80 Stat. 822.)

REFERENCES IN TEXT

The Federal reclamation laws (Act of June 17, 1902

pumping plants, power transmission facilities, canals, pipelines, regulating reservoirs, and distribution facilities. No facilities shall be constructed for electric transmission and distribution service which the Secretary determines, on the basis of an offer of a firm fifty-year contract from a local public or private agency, can through such a contract be obtained at less cost to the Federal Government than by construction and operation of Government facilities. (Pub. L. 90-72, § 1, Aug. 27, 1967, 81 Stat. 173.) 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 616fff-4, 616fff-6 of this title.

§ 616fff-2. Same; application of other laws.

The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the San Felipe division shall be in accordance with the provisions of the Federal Water Project Recreation Act. (Pub. L. 90-72, § 2, Aug. 27, 1967, 81 Stat. 174.)

REFERENCES IN TEXT

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616fff-4, 616fff-6 of this title.

§ 616ttt. Authorization for construction, operation, and maintenance; purposes; principal features.

The Secretary of the Interior is hereby authorized to construct, operate, and maintain in accordance with the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto) the initial stage of the Oahe unit, James division, Missouri River Basin project, South Dakota, for the principal purposes of furnishing a surface irrigation water supply for approximately one hundred and ninety thousand acres of land, furnishing water for municipal and industrial uses, controlling floods, conserving and developing fish and wildlife resources, and enhancing outdoor recreation opportunities, and other purposes. The principal features of the initial stage of the Oahe unit shall consist of the Oahe pumping plant (designed to provide for future enlargement) to pump water from the Oahe Reservoir, a system of main canals, regulating reservoirs, and the James diversion dam and the James pumping plant on the James River. The remaining works will include appurtenant pumping plants, canalas, and laterals for distributing water to the land, and a drainage system. (Pub. L. 90-453, § 1, Aug. 3, 1968, 82 Stat. 624.)

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616www, 616yyy of this title.

§ 616uuu. Conservation and development of fish and wildlife resources and enhancement of recreation; commencement of construction upon elimination of State prohibition against hunting by nonresidents in waterfowl enhancement areas.

The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the initial stage of the Oahe unit shall be in accordance with the provisions of the Federal Water Project Recreation Act. Construction of the initial stage of the Oahe unit shall not be commenced as long as the State of South Dakota retains in its laws provisions that prohibit the hunting of migratory waterfowl by nonresidents in the waterfowl enhnacement areas included within the area served by the project herein authorized. (Pub. L. 90-453, § 2, Aug. 3, 1968, 82 Stat. 624.)

REFERENCES IN TEXT

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616www, 616yyy of this title.

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

The Secretary of the Interior is authorized to construct, operate, and maintain the Mountain Park reclamation project, Oklahoma, under 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 uses, conserving and developing fish and wildlife resources, providing outdoor recreation opportunities, and controlling floods. The principal features of the project shall consist of a dam and reservoir on Otter Creek, a diversion dam on Elk