1539

REPEAL OF REPORTING REQUIREMENTS

[Extracts from] An act to repeal certain provisions of law requiring the submission of certain reports to Congress, and for other purposes. (Act of June 29, 1960, Public Law 86-533, 74 Stat. 245)

[Reporting requirements repealed.]—The following provisions of law, which relate to the submission of certain reports to Congress or other Government authority, are hereby repealed, as follows:

(13) That part of section 13 of the Act of June 25, 1910 (36 Stat. 858; 43 U.S.C. 148), relating to the authority of the Secretary of the Interior to reserve certain Indian lands valuable for power or reservoir sites or for irrigation projects and his reports thereon, which reads as follows: ", and he shall report to Congress all reservations made in conformity with this Act".

(14) Section 3 of the Act entitled "An Act to authorize the President of the United States to make withdrawals of public lands in certain cases", approved June 25, 1910, as amended (36 Stat. 848; 43 U.S.C. 143), which reads as follows:

"SEC. 3. That the Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals.”.

(18) Section 2 of the Act entitled "An Act to authorize appropriations for the Bureau of Reclamation for payments to school districts on certain projects during their construction status", approved June 29, 1948 (62 Stat. 1108; 43 U.S.C. 385b), which reads as follows:

"SEC. 2. The Secretary of the Interior shall furnish to the Congress each year, on or before the 3d day of January, a report on all activities undertaken during the preceding fiscal year pursuant to the provisions of this Act, together with such recommendations with respect to problems relating to it as he shall think appropriate.".

EXPLANATORY NOTES

References in the Text. Extracts from the Act of June 25, 1910 (36 Stat. 858; 43 U.S.C. 148), the Act of June 25, 1910, as amended (36 Stat. 848; 43 U.S.C. 143), and the Act of June 29, 1948 (62 Stat. 1108; 43 U.S.C. 385b), referred to in the text, appear herein in chronological order.

Editor's Note, Annotations. Annotations of opinions are not included because none were found dealing primarily with the ac

tivities of the Bureau of Reclamation under this statute.

Legislative History. S. 899, Public Law 86-533 in the 86th Congress. Reported in Senate from Government Operations Mar. 25, 1959; S. Rept. No. 146. Passed Senate Apr. 10, 1959. Reported in House from Government Operations Apr. 6, 1960; H.R. Rept. No. 1458. Passed House, amended, Apr. 19, 1960. Senate agrees to House amendments June 18, 1960.

1540

RELIEF OF HEIRS OF WILHELM

An act directing the Secretary of the Interior to issue a homestead patent to the heirs of Frank L. Wilhelm. (Act of July 5, 1960, Private Law 86-385, 74 Stat. A61)

[Sec. 1. Patent conveying fee simple title authorized.]—The Secretary of the Interior is hereby authorized and directed to issue a patent conveying to the heirs of Frank L. Wilhelm, deceased, a fee simple title for the land and minerals included in homestead entry Cheyenne 043849, comprising lots 3, 4, section 7; lot 1, northeast quarter northwest quarter section 18; township 57 north, range 97 west, sixth principal meridian, Wyoming, on the basis of rights earned by compliance with the homestead laws effective January 17, 1929. (74 Stat. A61)

Sec. 2. [Owners of patent substituted for the United States as lessor of oil and gas lease.]-Upon issuance of a patent pursuant to section 1 of this Act, the owners of such patent shall be substituted for the United States as lessor under oil and gas lease Cheyenne 067759 issued as of January 1, 1946, to Dorothy Atwood Fox, insofar as said lease covers land included in said patent, effective as of the date of approval of this Act. (74 Stat. A61)

Sec. 3. [Decision of Court of Claims not prejudiced as to right of owners of patent to moneys accrued under the lease prior to this Act.]-Nothing contained in section 1 or 2 of this Act shall prejudice determination by the Court of Claims, in accordance with the law in effect prior to enactment of this Act, of any claim of right by the heirs of Frank L. Wilhelm to have paid to them moneys which have heretofore accrued or been paid to the United States under oil and gas lease Cheyenne 067759, and said court is hereby authorized, notwithstanding lapse of time, to hear, determine, and render judgment in any such suit that may be brought within one year from the date of this Act. (74 Stat. A61)

EXPLANATORY NOTES

Background. Homestead entry Cheyenne 043849, the land which is the subject of this act, is a reclamation homestead entry.

Legislative History. H.R. 3122, Private Law 86-385 in the 86th Congress. Reported in House from Interior and Insular Affairs

Mar. 17, 1960; H.R. Rept. No. 1407. Passed House Apr. 5, 1960. Reported in Senate from Interior and Insular Affairs June 21, 1960; S. Rept. No. 1627. Passed Senate June 28, 1960.

1541

AMISTAD DAM, RIO GRANDE

An act to authorize the conclusion of an agreement for the joint construction by the United States and Mexico of a major international storage dam on the Rio Grande in accordance with the provisions of the treaty of February 3, 1944, with Mexico, and for other purposes. (Act of July 7, 1960, Public Law 86-605, 74 Stat. 360)

[Sec. 1. Agreement for joint construction of dam.]-The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of a major international storage dam on the Rio Grande at the site and having substantially the characteristics described in minute numbered 207 adopted June 19, 1958, by the said Commission, and in the "Rio Grande International Storage Dams Project-Report on Proposed Dam and Reservoir" prepared by the United States Section of the said Commission and dated September 1958. (74 Stat. 360; 22 U.S.C. § 277d-13)

Sec. 2. [Power facilities.]—If agreement is concluded pursuant to section 1 of this Act for the construction of a major international storage dam the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to conclude with the appropriate official or officials of Mexico an agreement consistent with article 7 of the treaty of February 3, 1944, for the construction, operation, and maintenance on a self-liquidating basis, for the United States share, of facilities for generating hydroelectric energy at said dam.

If agreement for the construction of separate facilities for generating hydroelectric energy is concluded, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is directed to construct, operate, and maintain such self-liquidating facilities for the United States. (74 Stat. 360; 22 U.S.C. § 277d-14)

Sec. 3. [Water releases.]—If a dam is constructed pursuant to an agreement concluded under the authorization granted by section 1 of this Act, its operation for conservation and release of United States share of waters shall be integrated with other United States water conservation activities on the Rio Grande below Fort Quitman, Texas, in such manner as to provide the maximum feasible amount of water for beneficial use in the United States with the understandings that (a) releases of United States share of waters from said dam for domestic, municipal, industrial, and irrigation uses in the United States shall be made pursuant to order by the appropriate authority or authorities of the State of Texas, and (b) the State of Texas having stipulated that the amount of water that will be available for use in the United States below Falcon Dam after the proposed dam is placed in operation will be not less than the amount available under existing conditions of river development, and to carry out such understandings and said

267-975-72-vol. III-7

AMISTAD DAM, RIO GRANDE

stipulation the conservation storage of said dam shall be used, and it shall be the exclusive responsibility of the appropriate authority or authorities of said State to distribute available United States share of waters of the Rio Grande in such manner as will comply with said stipulation. (74 Stat. 360; 22 U.S.C. § 277d-15)

Sec. 4. [Appropriation.]-There is hereby authorized to be appropriated to the Department of State for the use of the United States Section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of this Act. (74 Stat. 361; 22 U.S.C. § 277d-16)

EXPLANATORY NOTES

1543

POWER REVENUES, GRAND VALLEY PROJECT

An act to provide for the application and disposition of net revenues from the power development on the Grand Valley Federal reclamation project, Colorado. (Act of July 12, 1960, Public Law 86-640, 74 Stat. 472)

[Water Users' Association authorized to contract for sale of power or power privileges in the Grand Valley Power Plant-Disposition of power revenues.]— Upon the expiration of the contract between the United States, the Grand Valley Water Users' Association, and the Public Service Company of Colorado, dated July 2, 1959, the Grand Valley Water Users' Association, with the approval of the Secretary of the Interior, is authorized to enter into a contract or contracts for a cumulative total period of not to exceed twenty-five years for the sale or development of any power or power privileges in the Grand Valley Power Plant, Grand Valley reclamation project: Provided, That such sale or development of power or power privileges shall be without expenditure of funds by the United States. Any such contract shall provide, among other things, that annual net power revenues from the plant, minus the annual operation and maintenance cost of delivering the power water, will be applied in the following order and manner: (a) on the aggregate of the annual sums due and payable by the Association to the United States as provided in article 12, paragraphs (c), (d), and (e), and article 22(a) (ii) of contract numbered Ilr-644 between the United States and the Association, dated January 27, 1945, until such time as the obligation under said contract has been paid in full; and (b) in any year in which the net power revenues exceed the aggregate of the annual sums due and payable under said contract between the United States and the Association, and after the obligation under said contract has been paid in full against the total obligations incurred for the rehabilitation of the project works under contracts between the United States and the Association now or hereafter entered into: Provided, That such application shall not reduce the annual sums payable under such contracts. (74 Stat. 472)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Background. Inasmuch as the power plant on the Grand Valley project was originally constructed at no cost to the United States under arrangements made by the water users, the Bureau of the Budget had no objection to this legislation, as an exception, with the clear understanding that it would not be a precedent for the application in the future of net power revenues from Federal power plants to the rehabilitation and betterment obligations of associated irrigation works. Letter of

March 29, 1960, of Assistant Director
Hughes of the Bureau of the Budget to the
Secretary of the Interior in reference to the
Department's report on H.R. 5098, 86th
Congress. H.R. Rept. No. 1594, p. 7.

Legislative History. H.R. 5098, Public Law 86-640 in the 86th Congress. Reported in House from Interior and Insular Affairs May 10, 1960; H.R. Rept. No. 1594. Passed House May 12, 1960. Reported in Senate from Interior and Insular Affairs June 24, 1960; S. Rept. No. 1680. Passed Senate, amended, June 28, 1960. House agrees to Senate amendments June 29, 1960.