1648

DELAWARE RIVER BASIN COMPACT

project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project. The Secretary of Labor shall have, with respect to the administration and enforcement of the labor standards. specified in this provision, the supervisory, investigatory and other authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z-15, and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).

(j) Contracts for the manufacture or furnishing of materials, supplies, articles and equipment with the Commission which are in excess of $10,000 shall be subject to the provisions of the Walsh-Healey Public Contracts Act (41 U.S.C. 35 et seq.).

(k) Notwithstanding any other provision of this Act, nothing contained in this Act or in the Compact shall be construed as superseding or limiting the functions, under any other law, of the Secretary of Health, Education, and Welfare or of any other officer or agency of the United States, relating to water pollution: Provided, That the exercise of such functions shall not limit the authority of the Commission to control, prevent, or abate water pollution.

(1) The provisions of section 8.4 of Article 8 of the Compact shall not be construed to apply to facilities operated pursuant to any other Federal law.

(m) For purposes of the Act of June 25, 1948, 62 Stat. 982, as amended (Title 28, U.S. Code, chapter 171, and sections 1346(b) and 240(b)) and the Act of March 3, 1887, 24 Stat. 505, as amended (Title 28, U.S. Code, sections 1402, 1491, 1496, 1501, 1503, 2071, 2072, 2411, 2412, 2501), and the Act of June 11, 1946, 60 Stat. 237, as amended (Title 5, U.S. Code, sections 1001 and 1011, Title 50 App. U.S. Code, section 1900), the Commission shall not be considered a Federal agency.

(n) The officers and employees of the Commission (other than the United States member, alternate United States member, and advisers, and personnel employed by the United States member under direct Federal appropriation) shall not be deemed to be, for any purpose, officers or employees of the United States or to become entitled at any time by reason of employment by the Commission to any compensation or benefit payable or made available by the United States solely and directly to its officers or employees.

(0) Neither the Compact nor this Act shall be deemed to enlarge the authority of any Federal agency other than the Commission to participate in or to provide funds for projects or activities in the Delaware River Basin.

(p) The United States district courts shall have original jurisdiction of all cases or controversies arising under the Compact, and this Act and any case or controversy so arising initiated in a State Court shall be removable to the appropriate United States district court in the manner provided by § 1446, Title 28 U.S.C. Nothing contained in the Compact or elsewhere in this Act shall be construed as a waiver by the United States of its immunity from suit.

(q) The right to alter, amend, or repeal this Act is hereby expressly reserved. The right is hereby reserved to the Congress or any of its standing committees to require the disclosure and furnishing of such information and data by the Dela

DELAWARE RIVER BASIN COMPACT

1649

ware River Basin Compact Commission as is deemed appropriate by the Congress or any such committee.

(r) The provisions of section 2.4 and 2.6 of Article 2 of the Compact notwithstanding, the member and alternate member appointed by the President and adviser there referred to may be paid compensation by the United States, such compensation to be fixed by the President at the rates which he shall deem to prevail in respect to comparable officers in the executive branch.

(s) 1. Nothing contained in this Act or in the Compact shall impair or affect the constitutional authority of the United States or any of its powers, rights, functions, or jurisdiction under other existing or future legislation in and over the area or waters which are the subject of the Compact including projects of the Commission: Provided, That whenever a comprehensive plan, or any part. or revision thereof, has been adopted with the concurrence of the member appointed by the President, the exercise of any powers conferred by law on any officer, agency or instrumentality of the United States with regard to water and related land resources in the Delaware River Basin shall not substantially conflict with any such portion of such comprehensive plan and the provisions of Section 3.8 and Article 11 of the Compact shall be applicable to the extent necessary to avoid such substantial conflict: Provided further, That whenever the President shall find and determine that the national interest so requires, he may зuspend, modify or delete any provision of the comprehensive plan to the extent that it affects the exercise of any powers, rights, functions, or jurisdiction conferred by law on any officer, agency or instrumentality of the United States other than the Commission. Such action shall be taken by executive order in which such finding and determination shall be set forth.

2. For the purposes of paragraph 1 hereof, concurrence by the member appointed by the President shall be presumed unless within 60 days after notice to him of adoption of the comprehensive plan, or any part or revision thereof, he shall file with the Commission notice of his nonconcurrence. Each concurrence of the member appointed by the President in the adoption of the comprehensive plan or any part or revision thereof may be withdrawn by notice filed with the Commission at any time between the first and sixtieth day of the sixth year after the initial adoption of the comprehensive plan and of every sixth year thereafter.

(t) In the event that any phrase, clause, sentence or provision of Section 1.4 of Article 1 of the Compact, is declared to be unconstitutional under the constitution of any of the signatory parties, or the applicability thereof to any signatory party, agency or person is held invalid by a court of last resort of competent jurisdiction, the United States shall cease to be a party to the Compact, except to the extent that the President deems remaining a party necessary and proper to protect the national interest, and shall cease to be bound by the terms thereof.

(u) All Acts or parts of Acts inconsistent with the provisions of this Act are hereby amended for the purpose of this Act to the extent necessary to carry out the provisions of this Act: Provided, however, That no act of the Commission shall have the effect of repealing, modifying or amending any Federal law.

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DELAWARE RIVER BASIN COMPACT

EFFECTUATION

15.2 (a) The President is authorized to take such action as may be necessary and proper, in his discretion, to effectuate the Compact and the initial organization and operation of the Commission thereunder.

(b) Executive departments and other agencies of the executive branch of the Federal Government shall cooperate with and furnish appropriate assistance to the United States member. Such assistance shall include the furnishing of services and facilities and may include the detailing of personnel to the United States member. Appropriations are hereby authorized as necessary for the carrying out of the functions of the United States member, including appropriations for the employment of personnel by the United States member.

15.3 Effective Date: This Act shall take effect immediately. (75 Stat. 688-716)

EXPLANATORY NOTES

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

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.J. Res. 225, Pub

lic Law 87-328 in the 87th Congress. Reported in House from Judiciary Apr. 26, 1961; H.R. Rpt. No. 310. Passed House June 29, 1961. Reported in Senate from Interior and Insular Affairs Sept. 14, 1961; S. Rept. No. 1032. Passed Senate, amended, Sept. 16, 1961. House agrees to Senate amendments Sept. 16, 1961.

1651

PUBLIC WORKS APPROPRIATION ACT, 1962

[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, 1962, and for other purposes. (Act of September 30, 1961, Public Law 87-330, 75 Stat. 722)

[Alaskan investigations.]-For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, including not to exceed $350,000 for investigations of projects in Alaska, to remain available until expended, * * *. (75 Stat. 725)

EXPLANATORY NOTE

Provision Repeated. Appropriations for Alaskan investigations in excess of the $250,000 authorized by the Act of August 9, 1955, 69 Stat. 618, are contained in subse

quent annual Public Works Appropriations Acts through the most recent one, the Act of October 15, 1966, 80 Stat. 1006.

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

[Yellowtail Unit-Access roads nonreimbursable.]—* * * Provided further, That not to exceed $192,000 of funds made available for construction and maintenance of access roads in the Yellowtail Unit area shall be nonreimbursable: * * * (75 Stat. 725)

[Upper Colorado River Storage project-Recreational and fish and wildlife expenditures through State and Federal agencies.]—For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956 (43 U.S.C. 620d), to remain available until expended, $*** of which $ *** shall be available for the "Upper Colorado River Basin Fund" authorized by section 5 of said Act of April 11, 1956, and $ * * * shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized:

***

(75 Stat. 726)

PUBLIC WORKS APPROPRIATION ACT, 1962

EXPLANATORY NOTES

[Short title.]-This Act may be cited as the "Public Works Appropriation Act, 1962". (75 Stat. 731)

EXPLANATORY NOTES