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1678

ARBUCKLE PROJECT

rules and regulations as the Secretary may prescribe. No recreational use of any area to which this section applies shall be permitted which is inconsistent with the laws of the State of Oklahoma for the protection of fish and game and the protection of the public health, safety, and welfare. The Federal costs of constructing the facilities authorized by this section shall be limited to the nonreimbursable costs of the Arbuckle project for minimum basic recreational facilities as determined by the Secretary. (76 Stat. 397; 43 U.S.C. § 616p)

Sec. 7. [Conservation and development of fish and wildlife.]—The Secretary may make such reasonable provision in connection with the works of the Arbuckle Federal reclamation project, in accordance with section 2 of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661, and the following), as he finds to be required for the conservation and development of fish and wildlife. (76 Stat. 397; 43 U.S.C. § 616q)

Sec. 8. [Agricultural requirements waived.]-Expenditures for Arbuckle Reservoir, and the water supply aqueduct system, may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act, 1954 (43 U.S.C. 390a). (76 Stat. 397; 43 U.S.C. § 616r)

Sec. 9. [Appropriation authorization.]—There is authorized to be appropriated for construction of the Arbuckle reclamation project the sum of $13,340,000 (March 1962 prices), plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the project. (76 Stat. 397; 43 U.S.C. § 616s)

EXPLANATORY NOTES

Reference in the Text. The Water Supply Act of 1958 (72 Stat. 319), as amended, referred to in section 2 of the text, appears herein in chronological order. Its date of enactment was July 3, 1958.

Reference in the Text. The last sentence of subsection (c) of section 9 of the Reclamation Project Act of 1939 (enacted August 4, 1939), referred to in section 3 of 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 appears herein in chronological order.

Reference in the Text. Extracts from the Interior Department Appropriation Act, 1954 (43 U.S.C. 390a), referred to in the text, appear herein in chronological order. The date of enactment was July 31, 1953.

Legislative History. H.R. 23, Public Law 87-594 in the 87th Congress. Reported in House from Interior and Insular Affairs Apr. 18, 1962; H.R. Rept. No. 1619. Passed House May 9, 1962. Passed Senate Aug. 8, 1962.

1679

WITHDRAWAL OF LANDS, LUKE-WILLIAMS AIR FORCE

RANGE

An act to provide for the withdrawal and reservation for the Departments of the Air Force and the Navy of certain public lands of the United States at Luke-Williams Air Force Range, Yuma, Arizona, for defense purposes. (Act of August 24, 1962, Public Law 87-597, 76 Stat. 399)

[Sec. 1. Public lands withdrawn from appropriation for defense purposes.]— (a) Subject to valid existing rights the public lands, and the minerals therein, within the areas described in section 2 of this Act are hereby withdrawn from all appropriations and other forms of disposition under the public land laws including the mining and mineral leasing laws and disposals of materials under the Act of July 31, 1947, as amended (60 Stat. 681; 30 U.S.C. 601-604) except as provided in subsection (b) of this section, and reserved (subject to an agreement which has been approved by the Secretary of Defense and the Secretary of the Interior for the joint use of the lands in area "A" for military and wildlife purposes) for the use of the Department of Defense for a period of ten years with an option to renew the withdrawal and reservation for a period of five years by notice from the Secretary of Defense to the Secretary of the Interior, and subject to the condition that the reservation may be terminated at any time during either of such periods by the Secretary of Defense upon notice to the Secretary of the Interior. However, this Act does not affect Executive Order Numbered 8038 of January 5, 1939 (4 F.R. 437), establishing the Cabeza Prieta Game Range, except to the extent rendered necessary by the national defense.

(b) Lands and resources within area "A" withdrawn and reserved by subsection (a) of this section shall be subject to such appropriation and other disposition as the Secretary of the Interior shall determine to be consistent both with the requirements of Executive Order Numbered 8038 of January 5, 1939 (4 F.R. 437), and, with the approval of the Secretary of Defense, with the requirements of the national defense. The Secretary of the Interior may, with the concurrence of the Secretary of Defense, authorize use or disposition of any of the lands or resources within area "B" withdrawn and reserved by subsection (a) of this section.

(c) Upon request of the Secretary of the Interior at the time of final termination of the reservation effected by this Act, the Department of Defense shall make safe for nonmilitary uses the land withdrawn and reserved, or such portions thereof as may be specified by the Secretary of the Interior, by neutralizing unexploded ammunition, bombs, artillery projectiles, or other explosive objects and chemical agents. Thereafter the Secretary of the Interior pursuant to law shall provide for the appropriate use or disposition of all or any part of the land withdrawn and reserved under provisions of this Act. Nothing in this subsection, however, shall be construed to prevent the Secretary of a military department at that time from making application for further withdrawal and reservation

1680

LUKE-WILLIAMS AIR FORCE RANGE

of all or part of said lands under laws and regulations then existing. (76 Stat. 399)

Sec. 2. [Legal descriptions of withdrawn lands.]—The lands withdrawn and reserved by this Act are those that are now or may hereafter become subject to the public land laws within the areas described as follows: Approximately 479,100 acres, more or less, within the Luke-Williams Air Force Range, Pima, Maricopa, and Yuma Counties, Arizona, and more fully described as follows:

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1681

IRRIGATION BLOCKS; DEVELOPMENT PERIOD EXTENSION;

SEMI-ANNUAL INSTALLMENTS

An act to amend section 9(d) (1) of the Reclamation Project Act of 1939 (53 Stat. 1187; 43 U.S.C. 485), to make additional provisions for irrigation blocks, and for other purposes. (Act of August 28, 1962, Public Law 87-613, 76 Stat. 407)

[Sec. 1. Amended contracts authorized to provide for, or modify the size of, irrigation blocks.]—After the execution of a contract pursuant to the authority of section 9(d) (1) of the Reclamation Project Act of 1939 (53 Stat. 1187; 43 U.S.C. 485), and prior to the commencement of the development period provided thereunder, the Secretary of the Interior is hereby authorized to amend such contract to provide for irrigation blocks, or if such are already provided, to add to or modify such irrigation blocks, as he shall deem desirable to carry out the purposes of that Act. (76 Stat. 407; 43 U.S.C. § 485h-6)

Sec. 2. [Amended contracts or notices authorized to extend development periods-Deferred payment contracts may be terminated.]-Section 9 (d) (1) is amended by deleting the period at the end of the first sentence of said section and by adding the following: ": Provided further, That when the Secretary, by contract or by notice given thereunder, shall have fixed a development period of less than ten years, and at any time thereafter but before commencement of the repayment period conditions arise which in the judgment of the Secretary would have justified the fixing of a longer period, he may amend such contract or notice to extend such development period to a date not to exceed ten years from its commencement, and in a case where no development period was provided, he may amend such contract within the same limits: Provided further, That when the Secretary shall have deferred the payment of all or any part of any installments of contruction charges under any repayment contract pursuant to the authority of the Act of September 21, 1959 (73 Stat. 584), he may, at any time prior to the due date prescribed for the first installment not reduced by such deferment, and by agreement with the contracting organization, terminate the supplemental contract by which such deferment was effected, credit the construction payments made, and exercise the authority granted in this section." (76 Stat. 407; 43 U.S.C. § 485h)

Sec. 3. [Annual installments provided for in repayment contracts may be paid in two parts.]-In any repayment contract which provides for payment of construction charges by single annual installments, the Secretary may by agreement with the contracting organization amend such contract to provide for the payment of such annual installments in two parts on such dates in the calendar year as may best enable the contracting organization to meet its payments. (76 Stat. 408; 43 U.S.C. § 485h-7)

1682 IRRIGATION BLOCKS, DEVELOPMENT PERIOD, ETC.

EXPLANATORY NOTES

Reference in the Text. The Act of September 21, 1959 (73 Stat. 584), referred to in section 2 of the text, amended section 17(b) of the Reclamation Project Act of 1939 (enacted August 4, 1939). Both the 1939 and 1959 Acts are found herein in chronological order.

Report to Committee. H.R. Rept. No. 2189 states at page 3: "It is understood, based upon assurance given by representatives of the Department during the hearings, that the Committee will be notified in each instance where the development period is extended under the authority of

this legislation and advised as to the circumstances justifying such extension."

Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of August 4, 1939 (the Reclamation Project Act of 1939).

Legislative History. S. 2179, Public Law 87-613 in the 87th Congress. Reported in Senate from Interior and Insular Affairs, May 1, 1962; S. Rept. No. 1377. Passed Senate May 17, 1962. Reported in House from Interior and Insular Affairs Aug. 14, 1962; H.R. Rept. No. 2189. Passed House Aug. 20, 1962.

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