value per visitor-day of the project without such facilities or modifications. Project costs allocated to recreation and fish and wildlife enhancement on this basis shall be nonreimbursable.

(b) 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 an indication of intent as specified in section 4607-13(a) of this title, lands may be provided in connection with project construction to preserve the recreation and fish and wildlife enhancement potential of the project:

(1) If non-Federal public bodies execute an agreement within ten years after initial operation of the project (which agreement shall provide that the non-Federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement, and all costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be nonreimbursable. Such agreement and subsequent development, however, shall not be the basis for any reallocation of joint costs of the project to recreation or fish and wildlife enhancement.

(2) If, within ten years after initial operation of the project, there is not an executed agreement as specified in paragraph (1) of this subsection, the head of the agency having jurisdiction over the project may utilize the lands for any lawful purpose within the jurisdiction of his agency, or may offer the land for sale to its immediate prior owner or his immediate heirs at its appraised fair market value as approved by the head of the agency at the time of offer or, if a firm agreement by said owner or his immediate heirs is not executed within ninety days of the date of the offer, may tranfer 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 except that of an offer to purchase made, as hereinbefore provided, by the prior owner or his heirs preference shall be given to uses which will preserve and promote the recreation and fish and wildlife enhancement potential of the project or, in the absence thereof, will not detract from that potential.

AMENDMENTS

§ 4601-15. Lease of facilities and lands to non-Federal public bodies.

At projects, the construction of which has commenced or been completed as of July 9, 1965, where non-Federal public bodies agree to administer project land and water areas for recreation and fish and wildlife enhancement purposes and to bear the costs of operation, maintenance, and replacement of existing facilities serving those purposes, such facilities and appropriate project lands may be leased to nonFederal public bodies. (Pub. L. 89-72, § 4, July 9, 1965, 79 Stat. 215.)

§ 4601-16. Postauthorization development of projects without allocation or reallocation of costs. Nothing herein shall be construed as preventing or discouraging postauthorization development of any project for recreation or fish and wildlife enhancement or both by non-Federal public bodies pursuant to agreement with the head of the Federal agency having jurisdiction over the project. Such development shall not be the basis for any allocation or reallocation of project costs to recreation or fish and wildlife enhancement. (Pub. L. 89-72, § 5, July 9, 1965, 79 Stat. 216.)

§ 4601-17. Miscellaneous provisions.

(a) Project reports; outdoor recreation views; conformity to State comprehensive plan.

The views of the Secretary of the Interior developed in accordance with section 4601-2 of this title, with respect to the outdoor recreation aspects shall be set forth in any report of any project or appropriate unit thereof within the purview of this Act. Such views shall include a report on the extent to which the proposed recreation and fish and wildlife development conforms to and is in accord with the State comprehensive plan developed pursuant to section 4601-8(d) of this title.

(b) Migratory waterfowl refuges at Federal projects; expenditure limitation for acquisition of lands. Expenditures for lands or interests in lands hereafter acquired by project construction agencies for the establishment of migratory waterfowl refuges recommended by the Secretary of the Interior at Federal water resource projects, when such lands or interests in lands would not have been acquired but for the establishment of a migratory waterfowl refuge at the project, shall not exceed $28,000,000: Provided, That the aforementioned expenditure limitation in this subsection shall not apply to the costs of mitigating damages to migratory waterfowl caused by such water resource project. (c) Nonapplication to certain projects.

This Act shall not apply to the Tennessee Valley Authority, but the Authority is authorized to recog⚫ nize and provide for recreational and other public

uses at any dams and reservoirs heretofore or hereafter constructed in a manner consistent with the promotion of navigation, flood control, and the generation of electrical energy, as otherwise required by law, nor to projects constructed under authority of the Small Reclamation Projects Act, as amended, or under authority of the Watershed Protection and Flood Prevention Act, as amended. (d) Nonapplication to certain other projects.

Sections 4601-13, 4607-14, 4601-15, and 4601-16 of this title shall not apply to nonreservoir local flood control projects, beach erosion control projects, small boat harbor projects, hurricane protection projects, or to project areas or facilities authorized by law for inclusion within a national recreation area or appropriate for administration by a Federal agency as a part of the national forest system, as a part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife.

(e) Interpretation of "nonreimbursable".

As used in this Act, the term "nonreimbursable" shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges.

(f) Nonapplication of section 460/-9(a) (2) to nonreimbursable costs of the United States. Section 4601-9(a) (2) of this title shall not apply to costs allocated to recreation and fish and wildlife enhancement which are borne by the United States as a nonreimbursable project cost pursuant to section 4601-13(a) or section 4607-14(b) (1) of this title. (g) Deposits in the Treasury as miscellaneous receipts; deposits of revenue from conveyance of certain lands in the Land and Water Conservation Fund.

All payments and repayment by non-Federal public bodies under the provisions of this Act shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance by deed, lease, or otherwise, of lands under section 4601-14 (b) (2) of this title shall be deposited in the Land and Water Conservation Fund. (Pub. L. 89-72, § 6(a), (c) — (h), July 9, 1965, 79 Stat. 216; amended Pub. L. 94-576, Oct. 21, 1976, 90 Stat. 2728.)

§ 4601-18. Authority of Secretary of Interior. (a) Provision of facilities, acquisition of lands, and provision for public use and enjoyment of project lands, facilities, and water areas in coordination with other project purposes; limitation per project: execution of agreements before providing lands, facilities, and project modifications. The Secretary is authorized, in conjunction with any reservoir heretofore constructed by him pursuant to the Federal reclamation laws or any reservoir which is otherwise under his control, except reservoirs within national wildlife refuges, to investigate, plan, construct, operate and maintain, or otherwise provide for public outdoor recreation and fish and wildlife enchancement facilities, to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public outdoor recrea

tion or fish and wildlife use, and to provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes: Provided, That not more than $100,000 shall be available to carry out the provisions of this subsection at any one reservoir. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with section 4607-14 (b) of this title has been executed.

(b) Agreements with government agencies to promote development and operation of lands or facilities for recreation and fish and wildlife enhancement purposes.

The Secretary of the Interior is authorized to enter into agreements with Federal agencies or State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to Federal agencies or State or local public bodies by lease agreement 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) Transfer of lands; consent of other Federal agencies to use of lands for recreation or fish and wildlife purposes; transfers to Secretary of Agriculture of forest lands; continuing administration of lands and waters for other project purposes; prohibition against limitation of authority under existing provisions of law.

No lands under the jurisdiction of any other Federal agency may be included for or devoted to recreation or fish and wildlife purposes under the authority of this section without the consent of the head of such agency; and the head of any such agency is authorized to transfer any such lands to the jurisdiction of the Secretary of the Interior for purposes of this section. The Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of Agriculture for recreation and other national forest system purposes; and such transfer shall be made in each case in which the project reservoir area is located wholly within the exterior boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are transferred hereunder to the jurisdiction of the Secretary of Agriculture, the lands involved shall become national forest lands: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the project for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. Nothing herein shall limit the authority of the Secretary of the Interior granted by existing provisions of law relating to recreation or fish and wildlife development in connection with water resource projects or to disposition of public lands for such purposes. (Pub. L. 89-72, § 7, July 9, 1965, 79 Stat. 216.)

§ 4601-19. Feasibility reports.

Effective on and after July 1, 1966, neither the

Secretary of the Interior nor any bureau nor any person acting under his authority shall engage in the preparation of any feasibility report under reclamation law with respect to any water resource project unless the preparation of such feasibility report has been specifically authorized by law, any other provision of law to the contrary notwithstanding. (Pub. L. 89-72, § 8, July 9, 1965, 79 Stat. 217.)

§ 4601-20. Construction of projects under certain laws with allocations to recreation and fish and wildlife enhancement exceeding allocations to other functions unauthoried; exception.

Nothing contained in this Act shall be taken to authorize or to sanction the construction under the Federal reclamation laws or under any Rivers and Harbors or Flood Control Act of any project in which the sum of the allocations to recreation and fish and wildlife enhancement exceeds the sum of the allocations to irrigation, hydroelectric power, municipal, domestic and industrial water supply, navigation, and flood control, except that this section shall not apply to any such project for the enhancement of anadromous fisheries, shrimp, or for the conservation of migratory birds protected by

(a) The term "project" shall mean a project or any appropriate unit thereof.

(b) The term "separable costs," as applied to any project purpose, means the difference between the capital cost of the entire multiple-purpose project and the capital cost of the project with the purpose omitted.

(c) The term "joint costs" means the difference between the capital cost of the entire multiple-purpose project and the sum of the separable costs for all project purposes.

(d) The term "feasibility report" shall mean any report of the scope required by the Congress when formally considering authorization of the project of which the report treats.

(e) The term "capital cost" includes interest during construction, wherever appropriate. (Pub. L. 89-72, § 10, July 9, 1965, 79 Stat. 218.)

§ 277. International Boundary Commission, United States and Mexico; study of boundary waters. The President is authorized to designate the American Commissioner on the International Boundary Commission, United States and Mexico, or other Federal agency, to cooperate with a representative or representatives of the Government of Mexico in a study regarding the equitable use of the waters of the lower Rio Grande and the lower Colorado and Tia Juana Rivers, for the purpose of obtaining information which may be used as a basis for the negotiation of a treaty with the Government of Mexico relative to the use of the waters of these rivers and to matters closely related thereto. On completion of such study the results shall be reported to the Secretary of State. (May 13, 1924, ch. 153, § 1, 43 Stat. 118; Aug. 19, 1935, ch. 561, 49 Stat. 660.)

AMENDMENTS

1935-Act Aug. 19, 1935, created the International Boundary Commission to take the place of the three special commissioners.

REPEALS

Act Mar. 3, 1927, ch. 381, § 1, 44 Stat. 1403, formerly cited in the credit of this section, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 647.

REDESIGNATION OF COMMISSION

The International Boundary Commission was recon

1959 July 13, 1959, Pub. L. 86-84, title I, § 101, 73 Stat. 184. 1953-June 30, 1958, Pub. L. 85-474, title I, § 101, 72 Stat. 247.

1957 June 11, 1957, Pub. L. 85-49, title I, § 101, 71 Stat. 57.

1956 June 20, 1956, ch. 414, title I, § 101, 70 Stat. 301. 1955 July 7, 1955, ch. 379, title I, § 101, 69 Stat. 266. 1954 July 2, 1954, ch. 456, title I, § 101, 68 Stat. 415. 1953-Aug. 5, 1953, ch. 328, title I, § 101, 67 Stat. 368. 1952-July 10, 1952, ch. 651, title I, § 101, 66 Stat. 551. 1951-Oct. 22, 1951, ch. 533, title I, § 101, 65 Stat. 577. 1950-Sept. 6, 1950, ch. 896, ch. III, title I, § 101, 64 Stat. 610.

1949-July 20, 1949, ch. 354, title I, § 101, 63 Stat. 451.

1948-June 3, 1948, ch. 400, title I, § 101, 62 Stat. 310. 1947-July 9, 1947, ch. 211, title I, § 101, 61 Stat. 284. 1946-July 5, 1946, ch. 541, title I, 60 Stat. 454. 1945-May 21, 1945, ch. 129, title I, 59 Stat. 175. 1944 June 28, 1944, ch. 294, title I, 58 Stat. 403. 1943-July 1, 1943, ch. 182, title I, 57 Stat. 278. 1942-July 2, 1942, ch. 472, title I, 56 Stat. 475. 1941-June 28, 1941, ch. 258, title I, 55 Stat. 273. 1940-May 14, 1940, ch. 189, title I, 54 Stat. 189. 1939-June 29, 1939, ch. 248, title I, 53 Stat. 893. 1938-Apr. 27, 1938, ch. 180, title I, 52 Stat. 255. 1937-June 16, 1937, ch. 359, title I, 50 Stat. 268. 1936-May 15, 1936, ch. 405, title I, 49 Stat. 1317. 1935-Mar. 22, 1935, ch. 39, title I, 49 Stat. 74. 1934-Apr. 7, 1934, ch. 104, title I, 48 Stat. 534. 1933-Mar. 1, 1933, ch. 144, title I, 47 Stat. 1376. 1932-July 1, 1932, ch. 361, title I, 47 Stat. 480. 1931-Feb. 23, 1931, ch. 280, title I, 46 Stat. 1309. 1930-Apr. 18, 1930, ch. 184, title I, 46 Stat. 173. 1929 Jan. 25, 1929, ch. 102, title I, 45 Stat. 1094. 1928-Feb. 15, 1928, ch. 57, title I, 45 Stat. 64. 1927-Feb. 24, 1927, ch. 187, title I, 44 Stat. 1179. 1926-Apr. 29, 1926, ch. 195, title I, 44 Stat. 330. 1925-Feb. 27, 1925, ch. 364, title I, 43 Stat. 1014. 1924-May 28, 1924, ch. 204, title I, 43 Stat. 205.

§ 277a. Investigations of commission; construction of works or projects.

The Secretary of State, acting through the American Commissioner, International Boundary Commission, United States and Mexico, is further authorized to conduct technical and other investigations relating to the defining, demarcation, fencing, or monumentation of the land and water boundary between the United States and Mexico, to flood control, water resources, conservation, and utilization of water, sanitation and prevention of pollution, channel rectification, and stabilization and other related matters upon the international boundary between the United States and Mexico; and to construct and maintain fences, monuments and other demarcations of the boundary line between the United States and Mexico, and sewer systems, water systems, and electric light, power and gas systems crossing the international border, and to continue such work and operations through the American Commissioner as are now in progress and are authorized by law.

The President is authorized and empowered to construct, operate, and maintain on the Rio Grande River below Fort Quitman, Texas, any and all works or projects which are recommended to the President as the result of such investigations and by the President are deemed necessary and proper. (May 13, 1924, ch. 153, § 2, 43 Stat. 118; Aug. 19, 1935, ch. 561, 49 Stat. 660.)

AMENDMENTS

1935-Act Aug. 19, 1935, amended section generally. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 277c, 277d of this

title.

§ 277b. Works or projects; construction under treaty with Mexico; operation, maintenance and supervision.

(a) The President is further authorized to construct any project or works which may be provided for in a treaty entered into with Mexico and to repair, protect, maintain, or complete works now existing or now under construction or those that may be constructed under the treaty provisions aforesaid; and to construct any project or works designed to facilitate compliance with the provisions of treaties between the United States and Mexico; and (b) to operate and maintain any project or works so constructed or, subject to such rules and regulations for continuing supervision by the said American Commissioner or any Federal agency as the President may cause to be promulgated, to turn over the operation and maintenance of such project or works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the President may deem appropri(May 13, 1924, ch. 153, § 3, as added Aug. 19, 1935, ch. 561, 49 Stat. 660.)

ate.

§ 277c. Agreements with political subdivisions; acquisition of lands.

In order to carry out the provisions of sections 277 to 277d of this title, the President, or any Federal agency he may designate is authorized, (a) in his discretion, to enter into agreements with any one or more of said political subdivisions, in connection with the construction of any project or works provided for in paragraph (2) of section 277a and section 277b of this title, under the terms of which agreements there shall be furnished to the United States, gratuitously, except for the examination and approval of titles, the lands or easements in lands necessary for the construction, operation, and maintenance in whole or in part of any such project or works, or for the assumption by one or more of any such political subdivisions making such agreement, of the operation and maintenance of such project or works in whole or in part upon the completion thereof: Provided, however, That when an agreement is reached that necessary lands or easements shall be provided by any such political subdivision and for the future operation and maintenance by it of a project or works or a part thereof, in the discretion of the President the title to such lands and easements for such projects or works need not be required to be conveyed to the United States but may be required only to be vested in and remain in such political subdivision; (b) to acquire by purchase, exercise of the power of eminent domain, or by donation, any real or personal property which may be necessary; (c) ・・・ Provided, That any such withdrawal may subsequently be revoked by the President; and (d) to make or approve all necessary rules and regulations. (May 13, 1924, ch. 153, § 4, as added Aug. 19, 1935, ch. 561, 49 Stat. 660, and amended May 22, 1936, ch. 447, 49 Stat. 1370;

8277d-1. Authorizations for Mexican treaty projects; acquisition of lands for relocation purposes; contracts and conveyances.

The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico (herein referred to as the "Commission"), in connection with any project under the jurisdiction of the United States Section, International Boundary and Water Commission, United States and Mexico, is authorized: (a) to purchase, or condemn, lands, or interests in lands, for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which, in the judgment of the said Commissioner, is necessitated by the construction or operation and maintenance of any such project, and to perform any or all work involved in said relocations on said lands, or interests in lands, other lands, or interests in lands, owned and held by the United States in connection with the construction or operation and maintenance of any such project, or properties not owned by the United States; (b) to enter into contracts with the owners of the said properties whereby they undertake to acquire any, or all, property needed for said relocation, or to perform any, or all, work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey, or exchange Government properties acquired or improved under clause (a) of this section, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant term or perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary of State without regard to provisions of law governing the patenting of public lands. (Sept. 13, 1950, ch. 948, title I, § 101, 64 Stat. 846.)

§ 277d-2. Same; construction and maintenance of roads, highways, etc.; housing and other facilities for personnel.

The United States Commissioner is authorized to construct, equip, and operate and maintain all access roads, highways, railways, power lines, buildings,

and facilities necessary in connection with any such project, and in his discretion to provide housing, subsistence, and medical and recreational facilities for the officers, agents, and employees of the United States, and/or for the contractors and their employees engaged in the construction, operation, and maintenance of any such project, and to make equitable charges therefor, or deductions from the salaries and wages due employees, or from progress payments due contractors, upon such terms and conditions as he may determine to be to the best interest of the United States, the sums of money so charged and collected or deducted to be credited to the appropriation for the project current at the time the obligations are incurred. (Sept. 13, 1950, ch. 948.

title I, § 102, 64 Stat. 846.)

§ 277d-3. Same; authorization for appropriations; activities for which available; contracts for excess amounts.

There hereby authorized to be appropriated to the Department of State for the use of the Commission, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of the Treaty of February 3, 1944, and other treaties and conventions between the United States of America and the United Mexican States, under which the United States Section operates, and to discharge the statutory functions and duties of the United States Section. Such sums shall be available for construction, operation and maintenance of stream gaging stations, and their equipment and sites therefor; personal services and rent in the District of Columbia and elsewhere; services, including those of attorneys and appraisers, in accordance with the provisions of section 55a of Title 5, at rates for individuals not in excess of $100 per diem and the United States Commissioner is authorized, notwithstanding the provisions of any other Act, to employ as consultants by contract or otherwise without regard to chapter 51 and subchapter III of chapter 53 of Title 5, and the civil-service laws and regulations, retired personnel of the Armed Forces of the United States, who shall not be required to revert to an active status; travel expense, including, in the discretion of the Commissioner, expenses of attendance at meetings of organizations concerned with the activities of the Commission which may be necessary for the efficient discharge of the responsibilities of the Commission; hire, with or without personal services, of work animals, and animal-drawn, and motor-propelled (including passenger) vehicles and aircraft and equipment; acquisition by donation, purchase, or condemnation, of real and personal property, including expenses of abstracts, certificates of title, and recording fees; purchase of ice and drinking water; inspection of equipment, supplies and materials by contract or otherwise; drilling and testing of foundations and dam sites, by contract if deemed necessary; payment for official telephone service in the field in case of official telephones installed in private houses when authorized under regulations established by the Commissioner; purchase of firearms and ammunition for guard purposes; and such other objects and purposes as may be permitted by