agency exercising primary administration in each instance, (2) by the Secretary of the Interior, and (3) by the head of the agency exercising the administration of the wildlife resources of the particular State wherein the waters and areas lie. Such waters and other interests shall be made available, without cost for administration, by such State agency, if the management of the properties relate to the conservation of wildlife other than migratory birds, or by the Secretary of the Interior, for administration in such manner as he may deem advisable, where the particular properties have value in carrying out the national migratory bird management program: Provided, That nothing in this section shall be construed as affecting the authority of the Secretary of Agriculture to cooperate with the States or in making lands available to the States with respect to the management of wildlife and wildlife habitat on lands administered by him.

[p. 16]

(c) When consistent with the purposes of this Act and the reports and findings of the Secretary of the Interior prepared in accordance with section 2, land, waters, and interests therein may be acquired by Federal construction agencies for the wildlife conservation and development purposes of this Act in connection with a project as reasonably needed to preserve and assure for the public benefit the wildlife potentials of the particular project area: Provided, That before properties are acquired for this purpose, the probable extent of such acquisition shall be set forth, along with other data necessary for project authorization, in a report submitted to the Congress, or in the case of a project previously authorized, no such properties shall be acquired unless specifically authorized by Congress, if specific authority for such acquisition is recommended by the construction

agency.

(d) Properties acquired for the purposes of this section shall continue to be used for such purposes, and shall not become the subject of exchange or other transactions if such exchange or other transaction would defeat the initial purpose of their acquisition.

(e) Federal lands acquired or withdrawn for Federal waterresource purposes and made available to the States or to the Secretary of the Interior for wildlife management purposes, shall be made available for such purposes in accordance with this Act, notwithstanding other provisions of law.

(f) Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of a national forest shall, upon acquisition, be added to and become national forest lands, and shall be administered as a part of the forest within which they are situated, subject to all laws applicable to lands acquired under the provisions

of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired to carry out the National Migratory Bird Management Program.

Sec. 4. Such areas as are made available to the Secretary of the Interior for the purposes of this Act, pursuant to sections 1 and 3 or pursuant to any other authorization, shall be administered by him directly or in accordance with cooperative agreements entered into pursuant to the provisions of the first section of this Act and in accordance with such rules and regulations for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon, as may be adopted by the Secretary in accordance with general plans approved jointly by the Secretary of the Interior and the head of the department or agency exercising primary administration of such areas: Provided, That such rules and regulations shall not be inconsistent with the laws for the protection of fish and game of the States in which such area is situated (16 U.S.C., sec. 664): Provided further, That lands having value to the National Migratory Bird Management Program may, pursuant to general plans, be made available without cost directly to the State agency having control over wildlife resources, if it is jointly determined by the Secretary of the Interior and such State agency that this would be in the public interest: And provided further, That the Secretary of the Interior shall have the right to assume the management and administration of such lands in behalf of the National Migratory Bird Management Program if the Secretary finds that the State agency has withdrawn from or otherwise relinquished such management and administration. [p. 17]

1.27f(3) CONGRESSIONAL RECORD, VOL. 104 (1958) 1.27f(3)(a) July 21: Passed House, pp. 1440-1442

[No Relevant Discussion on Pertinent Section]

1.27f(3)(b) July 31: Passed Senate, p. 15713

[No Relevant Discussion on Pertinent Section]

1.27g FEDERAL WATER PROJECT RECREATION ACT July 9, 1965, P.L. 89-72, §6(b), 79 Stat. 216

SEC. 6.

*

*

(b) The first proviso of subsection 2 (d) of the Act of August 12,

1958 (72 Stat. 563; 16 U.S.C. 662 (d)), is amended to read as follows: "Provided, That such cost attributable to the development and improvement of wildlife shall not extend beyond that necessary for (1) land acquisition, (2) facilities as specifically recommended in water resource project reports, (3) modification of the project, and (4) modification of project operations, but shall not include the operation of wildlife facilities." The second proviso of subsection 2 (d) of said Act is hereby repealed.

*

[p. 216]

1.27g(1) SENATE COMMITTEE ON INTERIOR AND

INSULAR AFFAIRS

S. REP. No. 149, 89th Cong., 1st Sess. (1965)

FEDERAL WATER PROJECT RECREATION ACT

APRIL 7, 1965.-Ordered to be printed

Mr. JACKSON, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany S. 1229]

The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 1229) to provide uniform policies with respect to recreation and fish and wildlife benefits and cost of Federal multiplepurpose water resource projects, and to provide the Secretary of the Interior with authority for recreation development of projects under his control, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

BACKGROUND OF MEASURE

The Congress, the Bureau of the Budget, the Department of the Army, and the Department of the Interior have for some time been giving formal study to the subject of uniform cost allocations on water resource projects.

At the request of the Bureau of the Budget, Senator Jackson

introduced S. 1229 dealing with recreation and fish and wildlife policies in reclamation projects.

PURPOSE OF MEASURE

The principal purpose of S. 1229, as reported, is to establish prospective standard guidelines on the allocation of and the reimbursability of recreation and fish and wildlife costs on Federal multiple-purpose water-resource projects.

The bill also gives the Secretary of the Interior certain limited authority for recreation development on existing projects under his control.

The committee wishes to encourage, through its action on S. 1229, non-Federal development and operation of recreation and fish and wildlife enhancement features of Federal water resources projects except where such features meet the criteria for Federal administration.

[p. 1]

The committee finds the cost-sharing provisions proposed by the Bureau of the Budget to be reasonable. The committee recognizes that in a few instances, unusual circumstances may compel the Federal water resource agencies to recommend to the Congress exceptions to the general cost-sharing and reimbursement policy enunciated in this bill.

These cost-sharing provisions contemplate the Federal Government bearing all joint project costs allocated to recreation and fish and wildlife enhancement. The Federal Government, under the bill, could also bear up to one-half of the separable project costs allocated to these functions. The States, or local public bodies thereof, would reimburse the Federal Government for the remaining separable costs. Joint costs, for example, include the cost of a dam to the extent it is common to all project purposes. Illustrations of separable costs are the costs of picnic tables, boat-launching ramps, lands, roads, or such project modifications as increasing the height of a dam or providing a subimpoundment specifically for recreation or fish and wildlife enhancement.

States, or local public bodies thereof, may pay or repay their share of the separable costs either through (1) payment in cost or by provision of lands or facilities needed for the project or through (2) repayment, within 50 years and with interest, from entrance and user fees collected at the projects by these entities.

The committee, not only in its examination of the more novel functions of Federal water projects such as recreation, but also in its review of such traditional project functions as power and irrigation,

believes that the Congress can better meet its responsibilities by requiring the specific approval by law or by direction of one of its Interior and Insular Affairs Committees before any major Department of the Interior water-project feasibility investigation may be undertaken.

The committee believes that the active participation of these committees in the Department of the Interior's project investigations process will substantially strengthen the Department's water-resource program and be to the mutual benefit of both that agency and the Congress.

[p. 2]

COMMITTEE AMENDMENTS

*

SEC. 6.

(b) Nothing in this Act shall be construed as amending the first proviso of subsection 2 (d) of the Act of August 12, 1958 (72 Stat. 563; 16 U.S.C. 662 (d)), and the second proviso of subsection 2 (d) of that Act is hereby repealed.

[p. 8]

Subsection 6 (b) confirms the limitations of the first proviso of subsection 2 (d) of the Fish and Wildlife Coordination Act (72 Stat. 563; 16 U.S.C. 622 (d)) with respect to measures for the enhancement of fish and wildlife properly includeable in a Federal water resource project; it repeals the second proviso of that subsection of the Fish and Wildlife Coordination Act, which applies to projects constructed under reclamation law. The effect of the repeal of the second proviso is twofold: First, it will result in the costs of mitigation of projectoccasioned damage to fish and wildlife being distributed among all project purposes the same as any other project cost; and, second, it will terminate the reimbursement policy for costs allocated to fish and wildlife enhancement now set out in the Fish and Wildlife Coordination Act so that the reimbursement policy established by this bill may take effect.

[p. 13]