(1) whether the losses sustained directly resulted from the releases of water by the Bureau of Reclamation from dams located along the Colorado River, and for other purposes: (2) the amounts to be allowed and paid pursuant to this (b) The Secretary shall determine and fix the amount of awards, if any, in each claim within twelve months from the date on which the claim was submitted. (c) At the request of a claimant, the Secretary is authorized to make advance or partial payments prior to final settlement of a claim, including final settlement on any portion or aspect of a claim determined to be logically severable. Such advance or partial payments shall be made available under regulations promulgated by the Secretary under section 5, which regulations shall include, but not be limited to, provisions for such payments where the Secretary determines that to delay payment until final settlement of the claim would impose a substantial hardship on such claimant. When a claimant pursues a remedy as provided for in section 9 of this Act, he shall be permitted to retain such advance or partial payments under a final court decision on the merits. Sec. 5. Notwithstanding any other provision of law, the Secretary shall within fifteen days after the enactment of this Act promulgate and publish in the Federal Register, final regulations and procedures for handling of the claims authorized in section 2 of this. Act. The Secretary shall also cause to be published, in newspapers with general circulation in the States of Arizona, California, and Nevada, an explanation of the rights conferred by this Act and the procedural and other requirements imposed by the rules of procedure promulgated by him. Such explanation shall be in clear, concise, and easily understandable language. In addition, the Secretary shall also disseminate such explanation concerning such rights and procedures, and other data helpful to claimants, in the States of Arizona, California, and Nevada, by means of brochures, pamphlets, radio, television, and other media likely to reach prospective claimants. Sec. 6. The claims program established by this Act shall, to the extent practicable, be coordinated with other disaster relief operations conducted by other Federal agencies under the Disaster Relief Act of 1974 (42 U.S.C. 5121) and other provisions of law. The Secretary shall consult with the heads of such other Federal agencies, and shall, as he deems necessary, consistent with the expeditious determination of claims hereunder, make use of information developed by such agencies. The heads of all other Federal agencies performing disaster relief functions under the Disaster Relief Act of 1974 and other Federal authorities are hereby authorized and directed to provide the Secretary, or his designee, such information and records as the Secretary or his designee shall deem necessary for the administration of this Act. Sec. 7. In order to expedite the repair and restoration of facilities damaged as a direct result of the releases of water by the Bureau of Reclamation from dams located along the Colorado River, and for other purposes, the Secretary is authorized and directed to enter into agreements with the owners of such facilities to finance the repair or reconstruction thereof, to the standards and conditions which are required under the current Field Working Agreement by the Bureau of Reclamation and the Army Corps of Engineers, either by direct payment or through construction contracts administered by the Bureau of Reclamation to the extent the cost of repairs or construction are not covered by insurance. The cost of such repairs or reconstruction shall be non-reimbursable. Sec. 8. At the end of the year following approval of this Act and each year thereafter until the completion of the claims program, the Secretary shall make an annual report to the Congress of all claims submitted to him under this Act stating the name of each claimant, the amount claimed, a brief description of the claim, and the status or disposition of the claim including the amount of each administrative payment and award under the Act. Sec. 9. (a) An action shall not be instituted in any court of the United States upon a claim against the United States which is included in a claim submitted under this Act until the Secretary or his designee has made a final disposition of the pending claim. A pending claim may be withdrawn from consideration prior to final decision upon fifteen days written notice, and such withdrawal shall be deemed an abandonment of the claim for all purposes under this Act. After withdrawal of a claim or after the final decision of the Secretary or his designee on a claim under this Act, a claimant may elect to assert said claim or institute an action thereon against the United States in any court of competent jurisdiction under any other provision of applicable law, and upon such election there shall be no further consideration or proceedings on the claim under this Act. (b) Any claimant aggrieved by a final decision of the Secretary under this Act may file within sixty days from the date of such decision with the appropriate United States District Court, a petition praying that such decision be modified or set aside in whole or in part. The court shall hear such appeal on the record made before the Secretary. The filing of such an appeal shall constitute an election of remedies. The decision of the Secretary incorporating his findings of fact therein, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (c) Except to the extent otherwise herein provided, nothing in this Act shall be construed to prevent any claimant under this Act from exercising any rights to which he may be entitled under any other provisions of law. (d) Attorney and agent fees shall be paid in addition to the awards hereunder. No attorney or agent on account of services rendered in connection with each claim shall receive in excess of an amount equal to 10 per centum of the amount paid in connection therewith, any contract to the contrary notwithstanding. Whoever violates this sub section shall be fined a sum not to exceed $10,000. Sec. 10. For the purposes of this Act, the term "persons" means any individual, Indian, Indian tribe, corporation, partnership, company, municipality, township, association or other non-Federal entity. Sec. 11. If any particular provision of this Act or the application thereof to any person or circumstance, is held invalid, the other provisions of this Act shall not be affected thereby. Sec. 12. There are hereby authorized to be appropriated such funds as may be required to carry out the purposes of this Act. Spotting on behalf of the Yuna udubon Society, I would like you to know that as citizens we are concerned about the recent high water lovels of the Colorado River. As citizens we are concerned about the potential health hazards and property damage rezulting from such high water, and, as citizens, we are equally concerned about damage to the natural environment caused by the high water, specifically, the dead and din riparian vegetation of the Colorado River--cottonwoods, willows, and mesquite, and its adverse effects on the wildlife de endent on this vegetation. We believe that a change in water management is necessary in order to prevent a recurrence of this problem, combined with better floodplain management on the part of state and local governments. The Bureau of Reclamation should be re uired to give gre.ter emphasis to flood control in managing water levels in the dams on the Colorado River. This would provide a more stable flow of the river, which would benefit all users of the river--ildlife, the veg-tation, recreationists, property owners, and farmers, on others. If this were done, there would be no need for more dans, clearing or vegetation, dredging, or Eroundwater pumping. If the dams on the Colorado are not managed for greater flood control, it doesn't matter how many dams are built on the river. They would be kept full or nearly full (depending on the season) and this would not allow for heavy precipitation years. If the existing dams were man-ged for gloater flood control, there would be no need for more dans. The sme sitution occurs in the Phoenix area on the Gila and Salt Rivers, where a new da, the Cliff Dam, is proposed for the Verde, a tributary of the Sult. This same dam would flood out two pairs of nesting Bald Eagles, our National Emblem, and yet ironically, an endan ered species. Keeping the water level lower in the dams on the Colorado during the flood season would also stabilize river levels and thus provent the higher groundwater levels experienced now. Groundwater should also be viewed as a resource, not just something to be pumped into the river. Existing technology should be applied or new tecnoloy should be develo.ed to reclaim and recycle groundwater for human use, as in forming, for example. It would be appropriate for the Federal Government to support research and development alon, these lines. However, we hasten to add that this approach should be considered only in areas of rtificially extremely high groundwater and only after full consideration of the effects of use of this water on the environment. Such use would be entirely inappropriate |