1554 WESTERN DIVISION, THE DALLES PROJECT An act to authorize the Secretary of the Interior to construct, operate, and maintain the western division of The Dalles Federal reclamation project, Oregon, and for other purposes. (Act of September 13, 1960, Public Law 86-745, 74 Stat. 882) [Sec. 1. Western Division, The Dalles Federal reclamation project authorized.]—For the purpose of furnishing water for the irrigation of approximately five thousand five hundred acres of arid land in Wasco County, Oregon, the Secretary of the Interior is authorized to construct, operate, and maintain the western division of The Dalles Federal reclamation project, Oregon. The western division shall consist of the following principal works: a main pumping plant to be located at a site on the Columbia River; a booster and relift pumping plants with reregulating reservoirs; and a distribution system. (74 Stat. 882; 43 U.S.C. § 615v) Sec. 2. [Reclamation laws to govern construction, etc.-Repayment period of 50 years exclusive of development period-Bonneville Power Administration revenues to pay costs in excess of irrigators ability to pay-Power for irrigation pumping to be supplied by The Dalles Dam powerplant-Rates-Costs allocated to fish and wildlife conservation and development.]—(a) In constructing, operating, and maintaining the western division of The Dalles project, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). (b) The period provided in subsection (d) of section 9 of the Reclamation Project Act of 1939, as amended, for repayment of construction costs properly allocable to any block of lands and assigned to be repaid by the irrigators may be extended to fifty years, exclusive of a development period, from the time water is first delivered to that block or to as near that number of years as is consistent with the adoption and operation of a repayment formula as therein provided. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay within a fifty-year period shall be returned to the reclamation fund within a fifty-year period from the date of the first delivery of water from the facilities authorized by this legislation from net revenues derived by the Secretary of the Interior from the disposition of power marketed through the Bonneville Power Administration, which are over and above those required to meet any present obligations assigned for repayment from such net revenues. The term "construction costs" used herein shall include any irrigation operation and maintenance costs during the development period which the Secretary finds it proper to fund because they are beyond the ability of the water users to pay during that period. (c) Power and energy required for irrigation pumping for the western division of The Dalles Federal reclamation project shall be made available by the Secretary from The Dalles Dam powerplant and other Federal plants interconnected therewith at rates not to exceed the costs of such power and energy from The Dalles Dam taking into account all costs of the dam, reservoir, and WESTERN DIVISION, THE DALLES PROJECT 1555 powerplant which are determined by the Secretary under the provisions of the Federal reclamation laws to be properly allocable to such irrigation pumping power and energy. (d) That portion of the cost of constructing the works authorized by this Act which the Secretary finds to be properly allocable to the conservation and development of fish and wildlife, in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661, and the following), together with the portion of the operation, maintenance, and replacement costs allocated to this function, shall be nonreimbursable and nonreturnable under the reclamation laws. (74 Stat. 882; 43 U.S.C. § 615w) EXPLANATORY NOTE Reference in the Text. The Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661, and the following), referred to in the text, was originally the Act of March 10, 1934. The Act of August 14, 1946, substantially rearranged and expanded the 1934 Act and the Act of August 12, 1958, gave the statute the short title of the "Fish and Wildlife Coordination Act." The 1946 Act, including all subsequent amendments, is found herein in chronological order, as are the other acts referred to in this note. Sec. 3. [Appropriations authorization.]—There is hereby authorized to be appropriated for construction of the works authorized by this Act not to exceed $6,000,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. (74 Stat. 883; 43 U.S.C. § 615x) EXPLANATORY NOTE Legislative History. S. 2195, Public Law 86-745 in the 86th Congress. Reported in Senate from Interior and Insular Affairs June 28, 1960; S. Rept. No. 1752. Passed Senate July 1, 1960. Reported in House from Interior and Insular Affairs July 2, 1960; H.R. Rept. No. 2203. Passed House, amended, Aug. 31, 1960. Senate agrees to House amendments Sept. 1, 1960. 1556 REIMBURSE DISTRICT, MERCEDES DIVISION, LOWER RIO GRANDE REHABILITATION PROJECT An act providing that certain provisions of Public Law 335 dated October 7, 1949 (63 Stat. 724) shall apply to the Mercedes division of the lower Rio Grande rehabilitation project, Texas. (Act of September 13, 1960, Public Law 86-765, 74 Stat. 905) [Performance of work by district.]-The Secretary of the Interior, in addition to the authority granted by Public Law 85-370, April 7, 1958 (72 Stat. 82), is authorized to act pursuant to the last sentence of section 1 of the Act of October 7, 1949 (63 Stat. 724), but subject to the exceptions contained in the Act of April 7, 1958, in the construction, rehabilitation, operation, and maintenance of the lower Rio Grande rehabilitation project, Texas, Mercedes division. (74 Stat. 905) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. References in the Text. Public Law 85370, April 7, 1958 (72 Stat. 82), referred to in the text, authorized the rehabilitation and betterment of the works of the Hidalgo and Cameron Counties Water Control and Improvement District Numbered 9, Texas, and designated such works as the Mercedes division of the lower Rio Grande reclamation project. The Act of October 7, 1949 (63 Stat. 724), provides for the return of rehabilitation and betterment costs of Federal reclamation projects. The last sentence of section 1 of the Act, referred to in the text reads as follows: "Such rehabilitation and betterment work may be performed by contract, by force-account, or, notwithstanding any other law and subject only to such reasonable terms and conditions as the Secretray of the Interior shall deem appropriate for the protection of the United States, by contract entered into with the organization concerned whereby such organization shall perform such work." Both the 1949 and the 1958 Acts appear herein in chronological order. Legislative History. H.R. 10311, Public Law 86-765 in the 86th Congress. Reported in House from Interior and Insular Affairs Aug. 30, 1960; H.R. Rept. No. 2201. Passed House Aug. 31, 1960. Passed Senate Sept. 1, 1960. 1557 CHENEY DIVISION, WICHITA PROJECT An act to provide for the construction of the Cheney division, Wichita Federal reclamation project, Kansas, and for other purposes. (Act of September 14, 1960, Public Law 86-787, 74 Stat. 1026) [Cheney Division, Wichita project, Kansas, authorized.]—The Secretary of the Interior is hereby authorized to construct, operate, and maintain the Cheney division, Wichita Federal reclamation project, consisting of a dam, reservoir, and related facilities near Cheney, Kansas, on the North Fork of the Ninnescah River, Kansas, for the purposes of furnishing water for municipal uses, controlling floods, facilitating irrigation, enhancing recreational opportunities, preserving and propagating fish and wildlife, and for related purposes. (74 Stat. 1026) Sec. 2. [Construction, etc., to be governed by the Federal reclamation laws.]-In constructing, operating, and maintaining the works authorized by this Act, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), except as is otherwise provided in this Act. (74 Stat. 1026) Sec. 3. [Repayment contract with city of Wichita required for municipal water supply cost allocations-Interest rate.]-Construction of the project shall not be commenced, and no construction contracts therefor shall be awarded, until a contract or contracts complying with the provisions of this Act have been entered into with the city of Wichita under which it shall have obligated itself to repay to the United States, within a period of not more than forty years from the time water is first made available from said works, those portions of the Federal costs of constructing, operating, and maintaining the works herein authorized which are allocated to municipal water supply, and interest on the unamortized balance of the amount of construction costs so allocated including interest during construction. If any net revenues are derived from temporary water supply contracts, prior to the end of the repayment period for water furnished from, by, or through the works authorized herein, the construction cost obligation of the city may be decreased by that portion of the amount of any such net revenues which bears the same proportion to the total amount of such net revenues as the amount of the project costs allocated to municipal water supply bears to the total Federal costs of constructing the project. Interest shall be at the average rate, which rate shall be certified by the Secretary of the Treasury, paid by the United States on its marketable long-term securities outstanding on the date of this Act and adjusted to the nearest one-eighth of 1 per centum. Upon the completion of the payment of the city's construction cost obligation, together with the interest thereon, the city shall have a permanent right to the use of that portion of the storage space in the project allocable to municipal water supply purposes. (74 Stat. 1026) Sec. 4. [Excepted from requirement of irrigation use priority.]-Contracts may be entered into with the city of Wichita pursuant to the provisions of this 267-975-72-vol. III-8 1558 CHENEY DIVISION, WICHITA PROJECT Act without regard to the last sentence of subsection (c) of section 9 of the Reclamation Project Act of 1939. (74 Stat. 1026) EXPLANATORY NOTE Reference in the Text. The last sentence of subsection (c) of section 9 of the Reclamation Project Act of 1939, referred to in the text, reads: "No contract relating to municipal water supply or miscellaneous purposes or to electric power or power privileges shall be made unless, in the judgment of the Secretary, it will not impair the efficiency of the project for irrigation purposes." The Act was approved August 4, 1939, and appears herein in chronological order. Sec. 5. [Care, operation and maintenance may be transferred to City of Wichita-Adjustment of cost allocations if operation is transferred-Operating criteria.]—The Secretary is authorized to transfer to the city of Wichita the care, operation, and maintenance of the works herein authorized and, if such transfer is made, to deduct from the obligation of the city the reasonable capitalized equivalent of that portion of the estimated operation and maintenance costs of the undertaking which, if the United States continued to operate the works, would be allocated to flood control and fish and wildlife purposes. Prior to taking over the care, operation, and maintenance of said works, the city shall obligate itself to operate them in accordance with criteria specified by the Secretary of the Army with respect to flood control and by the Secretary of the Interior with respect to fish and wildlife. (74 Stat. 1026) Sec. 6. [Preservation and propagation of fish and wildlife-Costs to be nonreimbursable and nonreturnable.]-The Secretary may make such reasonable provision in connection with the works of the Cheney division, Wichita Federal reclamation project, in accordance with section 2 of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C., sec. 661, and the following), as he finds to be required for the preservation and propagation of fish and wildlife, and to acquire approximately 2,500 acres of land for wildlife management purposes within and adjacent to Cheney Reservoir. A minimum pool of approximately ten thousand acre-feet shall be maintained in said reservoir for fish life. An appropriate portion of the construction cost of the Cheney division of the project shall be allocated as provided in said Act and it, together with the portion of the construction cost allocated to flood control and the portions of the operation and maintenance costs allocated to these functions or the equivalent capitalized value thereof, shall be nonreimbursable and nonreturnable under the Federal reclamation laws. Appropriate portions of the project area may be made available by the Secretary of the Interior to the Kansas Forestry, Fish and Game Commission for fish and wildlife management as provided in sections 3 and 4 of said Act. (74 Stat. 1027) EXPLANATORY NOTE Reference in the Text. The Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661, and the following), referred to in the text, was originally the Act of March 10, 1934. The Act of August 14, 1946, substantially rearranged and expanded the 1934 Act and the Act of August 12, 1958, gave the statute the short title of the "Fish and Wildlife Coordination Act." The 1946 Act, including all subsequent amendments, is found herein in chronological order, as are the other acts referred to in this note. |