FLOOD CONTROL ACT OF 1960

1550

WATER DELIVERY AFTER DEATH OF SPOUSE

An act to provide for continued delivery of water under the Federal reclamation laws to lands held by husband and wife upon the death of either. (Act of September 2, 1960, Public Law 86-684, 74 Stat. 732)

[Water may be delivered to lands that become excess lands due to death of a spouse so long as surviving spouse does not remarry.]—Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 46 of the Act of May 25, 1926 (44 Stat. 636; 43 U.S.C. 423e), and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 46 of said Act of May 25, 1926, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this Act. (74 Stat. 732; 43 U.S.C. § 423h)

1551

PUBLIC WORKS APPROPRIATION ACT, 1961

[Extracts from] An act making appropriations for civil functions administered by the Department of the Army, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Tennessee Valley Authority and certain study commissions, for the fiscal year ending June 30, 1961, and for other purposes. (Act of September 2, 1960, Public Law 86-700, 74 Stat. 743)

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, ***

[Avondale, Dalton Gardens, and Rathdrum Prairie projects.]—* * * Provided further, That not to exceed $25,000 shall be available toward investigation and the emergency rehabilitation of the Dalton Gardens, Avondale, and Hayden Lake Unit, Rathdrum Prairie Irrigation Projects, Idaho, to be repaid in full under conditions satisfactory to the Secretary of the Interior. (74 Stat. 746)

EXPLANATORY NOTES

Popular Name. The Avondale and Dalton Gardens projects are known as Cordon amendment projects after Senator Guy Cordon of Oregon. The appropriations for these projects constitute their authorization except for the Act of September 22, 1961, 75 Stat. 588, which authorizes additional replacement or improvement work for them. Cross Reference, Avondale Project.

Other appropriations for the Avondale project are contained in the Act of July 31, 1953, 67 Stat. 266, and the Act of July 1, 1954, 68 Stat. 365.

Cross Reference, Dalton Gardens Project. Another appropriation for the Dalton Gardens project is contained in the Act of July 31, 1953, 67 Stat. 266.

*

*

[Rainbow Bridge protection denied.]—For payment to the "Upper Colorado River Basin fund," authorized by section 5 of the Act of April 11, 1956 (Public Law 485), $* * *, to remain available until expended: Provided, That no part of the funds herein appropriated shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument. (74 Stat. 747)

EXPLANATORY NOTES

Provision Repeated. The same proviso is contained in each subsequent annual Public Works Appropriation Act through the most recent one, the Act of October 15, 1966, 80 Stat. 1006.

Cross Reference. Section 1 of the Colo

rado River Storage Project Act, the Act of April 11, 1956, 70 Stat. 106, directs the Secretary of the Interior to take adequate measures to preclude impairment of the Rainbow Bridge National Monument. The Act appears herein in chronological order.

[Short title.]-This Act may be cited as the "Public Works Appropriation Act, 1961". (74 Stat. 753)

EXPLANATORY NOTES

1553

FOREST AND CONSERVATION MEASURES AT ARMY

RESERVOIRS

An act to provide for the protection of forest cover for reservoir areas under the jurisdiction of the Secretary of the Army and the Chief of Engineers. (Act of September 6, 1960, Public Law 86-717, 74 Stat. 817)

[Sec. 1. Policy of the United States to conserve and develop resources at Army projects and increase the value of such areas for conservation, recreation, and other beneficial uses.]—It is hereby declared to be the policy of the United States to provide that reservoir areas of projects for flood control, navigation, hydroelectric power development, and other related purposes owned in fee and under the jurisdiction of the Secretary of the Army and the Chief of Engineers shall be developed and maintained so as to encourage, promote, and assure fully adequate and dependable future resources of readily available timber, through sustained yield programs, reforestation, and accepted conservation practices, and to increase the value of such areas for conservation, recreation, and other beneficial uses: Provided, That such development and management shall be accomplished to the extent practicable and compatible with other uses of the project. (74 Stat. 817; 16 U.S.C. § 580m)

Sec. 2. [Protection and development of forest or other vegetative coverOther conservation measures-Army to consult with Secretary of Agriculture and State conservation agencies.]-In order to carry out the national policy declared in the first section of this Act, the Chief of Engineers, under the supervision of the Secretary of the Army, shall provide for the protection and development of forest or other vegetative cover and the establishment and maintenance of other conservation measures on reservoir areas under his jurisdiction, so as to yield the maximum benefit and otherwise improve such areas. Programs and policies developed pursuant to the preceding sentence shall be coordinated with the Secretary of Agriculture, and with appropriate State conservation agencies. (74 Stat. 817; 16 U.S.C. § 580n)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions are not included because this statute does not deal primarily with the activities of the Bureau of Reclamation.

Legislative History. H.R. 9377, Public

Law 86-717 in the 86th Congress. Reported in House from Public Works Mar. 1, 1960; H.R. Rept. No. 1298. Passed House Mar. 7, 1960. Reported in Senate from Public Works Aug. 18, 1960; S. Rept. No. 1842. Passed Senate Aug. 25, 1960.