91st Congress, S. 742 An Act To amend the Act of June 12, 1948 (62 Stat. 382), in order to provide for the construction, operation, and maintenance of the Kennewick division extension, Yakima project, Washington, and for other purposes. Yakima project, Wash. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 12, 1948 (62 Stat. 382), is hereby amended as follows: (a) Insert the words "and Kennewick division extension", after the Kennewick diviwords "Kennewick division" in section 1 and add the following items to the principal units listed in said section: "Kiona siphon" and "Relift pumping plants". repay (b) Insert at the end of section 3 the following: "Costs of the Kennewick division extension allocated to irrigation which are determined by the Secretary to be in excess of the water users' ability to within a fifty-year repayment period following a ten-year development period, shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707): Provided, That section 5 of this Act shall not be applicable to the revenues derived from the Federal Columbia River power system. Power and energy required for irrigation water pumping for the Kennewick extension shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him." sion extension. Irrigation costs, repayment provi Delivery restriction. 63 Stat. 1056. SEC. 2. No water shall be delivered to any water user on the Kennewick division extension for a period of ten years from the date of enactment of this authorizing Act for the production on 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 7 USC 1428. of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 3. There are authorized to be appropriated for the new works associated with the Kennewick division extension $6,735,000 (January 1969 prices), plus or minus 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 cost indexes, and, in addition, such sums as may be required to operate and maintain the extension. Approved August 25, 1969. 62 Stat. 1251; 63 Stat. 1058. 7 USC 1301. Appropriation. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-287 (Comm. on Interior & Insular Affairs). SENATE REPORT No. 91-98 (Comm. on Interior & Insular Affairs). CONGRESSIONAL RECORD, Vol. 115 (1969): Mar. 24: Considered and passed Senate. 91st Congress, H. R. 780 May 28, 1970 An Act To authorize the Secretary of the Interior to construct, operate, and maintain the Merlin division, Rogue River Basin project, Oregon, and for other purposes. 84 STAT. 273 Merlin divi sion, authori Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the pur- Rogue River poses of providing irrigation water for approximately nine thousand Basin project, three hundred acres, flood control, area redevelopment, and providing Ore. municipal and industrial water supply, fish and wildlife enhancement, and recreation benefits, the Secretary of the Interior, acting pursuant zation. to the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Act amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Merlin division, Rogue River Basin project, Oregon. The principal works of the division shall consist of Sexton Dam and Reservoir, diversion and distribution facilities, and drainage facilities. 43 USC 371 Irrigation, re Construction costs. 16 USC 835j SEC. 2. Irrigation repayment contracts shall provide with respect to any contract unit, for repayment of the irrigation construction payment period. costs assigned for repayment to the irrigators over a period of not more than fifty years, exclusive of any development period authorized by law. Irrigation repayment contracts shall further provide for the Service charge. assessment and collection of a service charge of not less than $40 per annum for each identifiable ownership receiving irrigation service from and through the works of the Merlin division, such charge to be in addition to the repayment capacity of the lands as determined by the Secretary on the basis of studies of the value of water for full-time family-size farm operations. Construction costs allocated to irrigation beyond the ability of irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707). SEC. 3. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Merlin division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 4. Before the works are transferred to an irrigation water user's 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 enhancement, and recreation on which the allocations of costs therefor are predicated, and to operate them in accordance with regulations prescribed by the Secretary of the Army to achieve the benefits to flood control on which the allocation of casts 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 the requirements to achieve such benefits. 835m and notes. Recreation; fish and wildlife enhance ment. 16 USC 4601-12 note. Transfer terms. SEC. 5. Power and energy required for irrigation water pumping for Power and the Merlin division shall be made available by the Secretary from the Federal Columbia River system at charges determined by him. SEC. 6. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on 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 energy. Newly irrigated lands, use re striction. 63 Stat. 1051. 7 USC 1421 note, 1428. 84 STAT. 274 62 Stat. 1251. 7 USC 1301. Appropriation. defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 7. There is hereby authorized to be appropriated for construction of the works herein authorized the sum of $28,470,000 (July 1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in the costs of construction as indicated by engineering costs indexes applicable to the type of construction involved therein. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. Approved May 28, 1970. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-986 (Comm. on Interior and Insular Affairs). April 20, considered and passed House. 91st Congress, S. 2062 July 7, 1970 An Act To provide for the differentiation between private and public ownership of lands in the administration of the acreage limitation provisions of Federal reclamation law, and for other purposes. clarification. 43 USC 371 and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions Federal reclamaof Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and tion laws. Acts amendatory thereof and supplemental thereto) which limit the Acreage limitaacreage of irrigable land which may receive irrigation benefits from, tion provisions, through, or by means of Federal reclamation works, shall not be applicable to lands owned by States, political subdivisions, and agencies note. thereof, so long as such lands are farmed, primarily in the direct furtherance of a non-revenue-producing public function, as determined by the Secretary of the Interior; and to the extent that such lands continue to qualify for the exempted status afforded by this section they shall not be deemed to be excess lands for any purposes whatsoever under said reclamation laws. tracts. SEC. 2. Irrigable lands owned by States, political subdivisions, and Land sales by agencies thereof which do not fall within the provisions of section 1 recordable conmay receive water from a Federal reclamation project, division, or unit if a valid recordable contract for the sale of such lands within ten years of the date of said contract has been executed under terms and conditions satisfactory to the Secretary of the Interior but without limitation upon selling price. The purchasers of lands sold under the provisions of this section, or the heirs and devisees of such purchasers, if otherwise eligible under reclamation law to receive project water for the lands purchased, shall not be disqualified for delivery of water by reason of the amount of the purchase price paid for said lands. SEC. 3. Lessees of irrigable lands owned by States, political sub-state leased divisions, and agencies thereof which are held to be subject to the lands. acreage limitation provisions of Federal reclamation law and for which recordable contracts to sell have not been made may receive project water for a period not to exceed twenty-five years from the date of approval of this Act subject to the same acreage limitation provisions of Federal reclamation law as private landowners. Approved July 7, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No.91-885 (Comm. on Interior and Insular Affairs) and SENATE REPORT No. 91-499 (Comm. on Interior and Insular Affairs). Vol. 115 (1969): Oct. 29, 30, considered and passed Senate. |