All 70 Stat. 1059.

Recreational facilities.

Screen and fish ladder. 16 USC 662.

Appropriation.

in practice. Those costs of constructing the project which are properly allocable to flood control and to the preservation and propagation of fish and wildlife as provided in existing law, and the like costs of operating and maintaining the same shall be nonreturnable and nonreimbursable under the reclamations laws.

SEC. 3. The Secretary is authorized, in connection with the Crooked River project, to construct minimum basic public recreational facilities and to arrange for the operation and maintenance of the same by an appropriate State or local agency or organization. The cost of such facilities shall be nonreturnable and nonreimbursable under the Federal reclamation laws.

SEC. 4. In order to promote the preservation and propagation of fish and wildlife in accordance with section 2 of the Act of August 14, 1946 (60 Stat. 1080, 16 U. S. C., sec. 661a), an appropriate screen and fish ladder shall be provided at the diversion canal headworks of the Crooked River project below Prineville Reservoir and a minimum release of ten cubic feet per second shall be maintained from said reservoir for the benefit of downstream fishlife during those months when there is no other discharge therefrom, but this release may be reduced for brief temporary periods by the Secretary whenever he may find that release of the full ten cubic feet per second is harmful to the primary purpose of the project.

SEC. 5. There are hereby authorized to be appropriated $6,339,000 for construction of the new works of the Crooked River project, plus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering indices and, in addition thereto, such sums as may be required to operate and maintain said project.

Approved August 6, 1956.

THE TINIVERSITY DE MICHIGAN LIBRARIES

To amend certain provisions of the Columbia Basin Project Act, and for other
purposes.

amendments. 16 USC 835.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2 Columbia Basin (b) (iii) of the Columbia Basin Project Act (57 Stat. 14), as amended, Project Act, is hereby repealed and the following is substituted therefor: "(iii) Water shall not be delivered from, through, or by means of the project works to or for lands not conforming in area and boundaries to the farm units covering the lands involved. Water may be delivered to one or more farm units held by any one landowner (a) which, taken together, comprise not more than one hundred and sixty irrigable acres, or (b) in the case of a nominal quarter section comprising more than one hundred and sixty irrigable acres referred to in subdivision (i) of subsection (b) of this section, which comprise the acreage contained in such quarter section: Provided, That water may be delivered to one or more farm units comprising a total irrigable area of not more than three hundred and twenty acres held by members of a family: Provided further, That notwithstanding any other provision of this Act, water shall not be delivered (1) to more than one farm unit held by any one owner or family on September 1, 1957, except that, in the case of land held by one having equitable or legal title on May 27, 1937, or by the heir or devisee of such owner, delivery may be made to farm units comprising not more than one hundred and sixty irrigable acres or a nominal quarter section, or (2) to any excess lands disposed of after September 1, 1957, which are reacquired (otherwise than in the ci.cumstances set forth in the proviso to section 2 (b) (iv) of this Act) by the present owner or a member of his family within five years from the date of their disposition, or which are reacquired by the present owner or a member of his family at any time pursuant to any contract, arrangement, or understanding (other than a bona fide security. transaction) made in connection with or as an incident to their disposition, or in which the owner or any member of his family retains any interest (except a bona fide security interest) or from which he or any member of his family derives any profit or advantage after their disposition."

(b) Section 2 (b) (iv) of said Act is hereby repealed and the following is substituted therefor:

7

"(iv) Lands within the project held by any landowner in excess of the farm unit or units to which water ma lawfully be delivered as provided in subdivision (iii) of this subsection shall be deemed excess land: Provided, That if excess land is acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance or by devise, water therefor may be furnished temporarily for a period not exceeding five years from the effective date of such acquisition, delivery of water thereafter ceasing until the transfer thereof to a landowner duly qualified to secure water therefor."

(c) Section 2 (b) (v) of said Act is hereby repealed and the following is substituted therefor:

"(v) As used in this Act, the terms 'owner', 'landowner', and 'any one landowner' denote any person, corporation, joint-stock association; the term 'family' denotes a group consisting of either or both husband and wife, together with their children under eighteen years of age, or all of such children if both parents are dead; the term 'their children' includes the issue and lawfully adopted children of either or both husband and wife; and the term 'lands within the project' denotes those lands within the boundaries of the existing Columbia

71 Stat. 591.

Basin irrigation districts, or revisions thereof approved by the Secretary, which the Secretary determines may be supplied water from, through, or by means of the project works and are required to be included to provide for sound development and operation of the project. Lands shall be deemed to be held by a family, if held as separate property of husband or wife, or constitute a part or all of their community property, or if they are the property of any or all of their children under eighteen years of age. Lands held in trust for any person shall, for the purpose of this Act, be deemed to be held both by that person and, if the trustee derives any profit or advantage from the trust other than a moderate fixed fee for the management of the same, by the trustee."

The last sentence of this amendment shall not be deemed to affect any irrevocable trust for the benefit of a child under eighteen created prior to this amendment, which would then have been held to be consistent with the provisions and intent of the Columbia Basin Project Act or to excuse any violation or evasion of that Act, or of the rules 16 USC 835 note. and regulations issued pursuant to it or of contracts entered into under it, by the creation or purported creation of a trust prior to this amendment, which would then have been held to be inconsistent with said provisions and intent.

57 Stat. 14.

64 Stat. 1037. 16 USC 8356.

43 USC 451.

Contracts or deeds. Amendments.

(d) Section 4, subsection (b), of said Act is hereby amended by substituting a comma for the period at the end thereof and adding thereto the following: "and each such applicant shall be required to agree that he, his heirs and assigns will not, except with the approval of the Secretary, sell, assign, lease, or otherwise dispose of or contract to sell, assign, lease, or otherwise dispose of his land during a period ending five years from the date of his purchase contract. No application for a farm unit shall be received from any person who, or a member of whose family, then has outstanding another application for a farm unit on the project or to whom a farm unit could not at the time of application lawfully be sold under this Act. No farm unit shall be sold to, and no contract to sell a farm unit shall be entered into with, any person, corporation, joint-stock association, or family which has theretofore purchased or entered into a contract to purchase a farm unit under this Act or which then owns a farm unit within the Columbia Basin Project. The prohibition of the preceding sentence, however, shall not preclude a purchase or contract to purchase by a person, otherwise eligible, whose farm unit has been or is acquired by the United States for exchange purposes under this Act or the Act of August 13, 1953 (67 Stat. 566) or, if he is 18 years of age or older, whose family purchased or entered into a contract to purchase a farm unit at a time when he was under 18 years of age."

SEC. 2. The Secretary of the Interior is authorized to amend any contract, which has been entered into prior to the date of enactment of this Act, or any existing deed or other document to conform with the provisions of the first section of this Act. The consent of the United States is hereby given to the recording, at the expense of the party benefited thereby, of any such amendment.

Approved September 2, 1957.

THE UNIVERSITY OF MICHIGAN

To approve the contract negotiated with the Casper-Alcova Irrigation District,
to authorize its execution, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the Casper-Alcova provisions of section 2 of this Act, the contract with the Casper-Alcova Irrigation Irrigation District, Kendrick project, Wyoming, approved by the District, Wyo. District Board of Commissioners on February 26, 1957, which has been negotiated by the Secretary of the Interior pursuant to subsection (a) of section 7 of the Reclamation Project Act of 1939 (53 Stat. 1192; 43 U. S. C. 485f) is hereby approved, and the Secretary is hereby authorized to execute said contract on behalf of the United States.

SEC. 2. The limitations on acreage and restrictions on delivery of water to excess lands under the Federal reclamation laws shall apply to the lands of the Kendrick project, Wyoming, except that four hundred and eighty irrigable acres shall, in this instance, be substituted for one hundred and sixty irrigable acres. The provisions of this section 2 are intended to meet the special conditions existing on the Kendrick project, Wyoming, and shall not be considered as altering the general policy of the United States with respect to the excess-land provisions of the Federal reclamation laws.

SEC. 3. The part of the cost of operation and maintenance of Seminoe Dam and Reservoir and Alcova Dam and Reservoir of the Kendrick project, Wyoming, incurred by the United States for the calendar year 1958, which is properly allocable for payment by project irrigation water users, is hereby assigned to be repaid from Kendrick project Approved September 4, 1957.

power revenues.

85th Congress, S. 3910

July 3, 1958

AN ACT

72 Stat. 297.

Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-RIVERS AND HARBORS

River and

Harbor Act

SEC. 101. That the following works of improvement of rivers and of 1958. harbors and other waterways for navigation, flood control, and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated: Provided, That the provisions of

section 1 of the River and Harbor Act approved March 2, 1945 (Public 59 Stat. 10. Law Numbered 14, Seventy-ninth Congress, first session), shall govern with respect to projects authorized in this title; and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto, shall apply as if herein set forth in full:

NAVIGATION

Josias River, Maine: House Document Numbered 377, Eighty-fifth Maine and Congress, at an estimated cost of $258,400;

Salem Harbor, Massachusetts: House Document Numbered 31, Eighty-fifth Congress, at an estimated cost of $1,100,000;

Boston Harbor, Massachusetts: House Document Numbered 349,

Eighty-fourth Congress, at an estimated cost of $720,000;

East Boat Basin, Cape Cod Canal, Massachusetts: House Document Numbered 168, Eighty-fifth Congress, at an estimated cost of $360,000;

Massachusetts.

Bridgeport Harbor, Connecticut: House Document Numbered 136, Commecticut. Eighty-fifth Congress, at an estimated cost of $2,300,000;

New York Harbor, New York: Senate Document Numbered 45, New York. Eighty-fourth Congress, at an estimated cost of $1,678,000;

Baltimore Harbor and Channels, Maryland: House Document Num- Maryland.

bered 86, Eighty-fifth Congress, at an estimated cost of $28,161,000; Herring Creek, Maryland: House Document Numbered 159, Eighty

fourth Congress, at an estimated cost of $110,000;

Betterton Harbor, Maryland: House Document Numbered 333,

Eighty-fourth Congress, at an estimated cost of $78,000;

Delaware River Anchorages: House Document Numbered 185, Delaware River Eighty-fifth Congress, at an estimated cost of $24,447,000;

anchorages.

Hull Creek, Virginia: House Document Numbered 287, Eighty- Virginia.

fifth Congress, at an estimated cost of $269,800;

Morehead City Harbor, North Carolina: Senate Document Num- North bered 54, Eighty-fourth Congress, at an estimated cost of $1,197,000; Carolina. Intracoastal Waterway, Jacksonville to Miami, Florida: House Florida. Document Numbered 222, Eighty-fifth Congress, maintenance;

Port Everglades Harbor, Florida: House Document Numbered 346.

Eighty-fifth Congress, at an estimated cost of $6,683,000;

Escambia River, Florida: House Document Numbered 75, Eighty

fifth Congress, at an estimated cost of $61,000;

Gulfport Harbor, Mississippi: Senate Document Numbered 123, Mississippi. Eighty-fourth Congress, maintenance;