92nd Congress, H. R. 15951 An Act To authorize the Secretary of the Army to undertake a national program of inspection of dams. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term National dam in"dam" as used in this Act means any artificial barrier, including spection program. appurtenant works, which impounds or diverts water, and which "Dam." (1) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of fifty acre-feet or more. This Act does not apply to any such barrier which is not in excess of six feet in height, regardless of storage capacity or which has a storage capacity at maximum water storage elevation not in excess of fifteen acre-feet, regardless of height. SEC. 2. As soon as practicable, the Secretary of the Army, acting Army, authorthrough the Chief of Engineers, shall carry out a national program of ization. inspection of dains for the purpose of protecting human life and prop erty. All dams in the United States shall be inspected by the Secretary Exceptions. to licenses issued under the authority of the Federal Power Act, (3) 41 Stat. 1063; 86 STAT. 506 86 STAT. 507 Notice to Gov SEC. 3. As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the ernors. results of such investigation. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection. SEC. 4. For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam. SEC. 5. The Secretary shall report to the Congress on or before Report to Congress. July 1, 1974, on his activities under the Act, which report shall include, but not be limited to (1) an inventory of all dams located in the United States; (2) a review of each inspection made, the recommendations furnished to the Governor of the State in which such dam is pated and information as to the implementation of such mendation; 86 STAT. 507 Liability. (3) recommendations for a comprehensive national program for the inspection, and regulation for safety purpose of dams of the Nation, and the respective responsibilities which should be assumed by Federal, State, and local governments and by public and private interests. SEC. 6. Nothing contained in this Act and no action or failure to act under this Act shall be construed (1) to create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act; or (2) to relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam. Approved August 8, 1972. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1232 (Comm. on Public Works). July 24, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 33: Aug. 9, Presidential statement. 92nd Congress, H. R. 13435 An Act To increase the authorization for appropriation for continuing work in the Upper Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to provide for completion of construction of the Curecanti, Flaming Gorge, Glen Canyon, and Navajo units, and transmission division of the Colorado River storage project, and for completion of construction of the following participating projects: Central Utah (initial phase Bonneville, Jensen, Upalco, and Vernal units), Emery County, Florida, Hammond, LaBarge, Lyman, Paonia, Seedskadee, Silt, and Smith Fork; the amount which section 12 of the Act of April 11, 1956 (79 Stat. 105) authorizes to be appropriated is hereby further increased by the sum of $610,000,000, 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 continuing construction of the previously authorized units and projects named herein. Approved August 10, 1972. 86 STAT. 525 Upper Colorado River Basin. Appropriation authorization, increase. 70 Stat. 110. 43 USC 620k. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-944 (Comm. on Interior and Insular Affairs) SENATE REPORT No. 92-782 (Comm. on Interior and Insular Affairs). Apr. 17, considered and passed House. May 9, considered and passed Senate, amended. 92nd Congress, S. 3284 An Act To increase the authorization for appropriation for completing work in the 86 STAT. 525 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby Missouri River authorized to be appropriated the sum of $114,000,000 to provide for Basin. completion of work in the Missouri River Basin to be undertaken Appropriation by the Secretary of the Interior pursuant to the comprehensive plan authorization, adopted by section 9 (a) of the Act approved December 22, 1944 (Public increase. Law 534, Seventy-eighth Congress), as amended and supplemented by subsequent Acts of Congress, plus or minus such amounts, if any, 58 Stat. 891; as may be required by reason of changes in construction costs, as 84 Stat. 75. indicated by engineering cost indices applicable to the type of construction involved. No part of the funds hereby authorized to be appropriated shall be available to initiate construction of any unit of the Pick-Sloan Missouri Basin program, whether or not included in said comprehensive plan; nor for prosecution of Garrison diversion unit, reauthorized by the Act of August 5, 1965 (79 Stat. 433). Approved August 10, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-975 accompanying H.R. 13434 (Comm. on Interior Apr. 4, considered and passed Senate. Apr. 17, considered and passed House, amended, in lieu of H.R. 13434. July 31, House agreed to conference report. Aug. 3, Senate agreed to conference report. 92nd Congress, H. R. 9198 An Act To amend the Act of July 4, 1955, as amended, relating to the construction of irrigation distribution systems. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of July 4, 1955 (69 Stat. 245), as amended by the Act of May 14, 1956 (70 Stat. 155), is hereby amended to read as follows: "That distribution and drainage systems authorized to be constructed under the Federal reclamation laws may, in lieu of construction by the Secretary of the Interior (referred to in this Act as the 'Secretary'), be constructed by irrigation districts or other public agencies according to plans and specifications approved by the Secretary as provided in this Act. The drainage systems referred to in this Act are those required for collection and removal of excess irrigation water, either on or below the surface of the ground and do not include enlargement or alteration of existing waterways for disposition of natural runoff. 86 STAT. 804 Distribution and drainage systems. Construction. 43 USC 42la. 32 Stat. 388. 43 USC 371 and note. 53 Stat. 1187; 72 Stat. 542; 76 Stat. 407. 485h. Repayment "SEC. 2. To assist financially in the construction of the aforesaid Loans. local distribution and drainage systems by irrigation districts and other public agencies the Secretary is authorized, on application therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution and drainage systems to any irrigation district or other public agency in an amount equal to the estimated construction cost of such system, contingent upon a finding by the Secretary that the loan can be returned to the United States in accordance with the general repayment provisions of sections 2(d) and 9(d) of the Reclamation Project Act of August 4, 1939, and upon a showing that such district or agency already holds or can acquire all lands and interests in land (except public and other lands or interests in land owned by the United States which are within the administrative 43 USC 485a, jurisdiction of the Secretary and subject to disposition by him) necessary for the construction, operation, and maintenance of the project. The Secretary shall, upon approval of a loan, including any loan for a distribution and drainage system receiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a repayment contract which includes such provisions as the Secretary shall deem necessary and proper to provide assurance of prompt repayment of the loan within not to exceed forty years plus a development period not to exceed ten years. The term 'irrigation district or other public agency' shall for the purposes of this Act mean any conservancy district, irrigation district, water users' organization, or other organization, which is nized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws. "SEC. 3. The Secretary shall require, as conditions to any such Requirements. loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment orga "Irrigation district or other public agency". |