1683

AMEND SPOKANE VALLEY PROJECT ACT

An act to amend the Act of September 16, 1959 (73 Stat. 561; 43 U.S.C. 615s), relating to the construction, operation, and maintenance of the Spokane Valley project. (Act of September 5, 1962, Public Law 87-630, 76 Stat. 431)

[Additional project purposes-Cost allocations adjusted-Appropriation authorization increased.]-The Act of September 16, 1959 (73 Stat. 561, 43 U.S.C. 615s), be amended as follows:

(a) By substituting in section 1 thereof the words "seven thousand two hundred and fifty” for the words "ten thousand three hundred" and by inserting the words "and for domestic, municipal, and industrial uses" after the words "the State of Idaho" in this same section. (43 U.S.C. § 615s)

(b) By amending section 2 to read as follows: "In constructing, operating, and maintaining the Spokane Valley 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), except that (1) interest on the unpaid balance of the allocation to domestic, municipal, and industrial water supply shall be at a rate determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue; and (2) the remaining cost of the project beyond the amount to be reimbursed or returned by the water users shall be accounted for in the same manner as provided in item (c) of section 2 of the Act of July 27, 1954 (68 Stat. 568), and power and energy required for irrigation pumping for the Spokane Valley project shall be made available in the same manner as provided for therein. The amount to be repaid by the irrigators shall be collected by the contracting entity through annual assessments based upon combination turnout and acreage charges and through the use of such other methods as it and the Secretary may agree upon." (43 U.S.C. § 615t) (c) By deleting from section 3 thereof the figure "$5,100,000" and inserting in lieu thereof the figure "$7,232,000". (76 Stat. 431; 43 U.S.C. § 615u)

EXPLANATORY NOTES

Reference in the Text. Item (c) of section 2 of the Act of July 27, 1954 (68 Stat. 568), referred to in the text, provides that for the Foster Creek Division, Chief Joseph Dam project, construction costs beyond the ability of irrigators to repay shall be charged to net revenues derived from the sale of power which are over and beyond those required to amortize the investment in the project and to return interest on the unamortized balance thereof. The 1954 Act appears herein in chronological order.

Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of September 16, 1959.

Legislative History. S. 2008, Public Law 87-630 in the 87th Congress. Reported in Senate from Interior and Insular Affairs Sept. 15, 1961; S. Rept. No. 1042. Passed Senate Sept. 19, 1961. Reported in House from Interior and Insular Affairs May 1, 1962; H.R. Rept. No. 1642. Passed House, amended, Aug. 1, 1962. Senate agrees to House amendments Aug. 24, 1962.

1684

ARMY AND AGRICULTURE JOINT WATERSHED STUDIES

An act to authorize the Secretary of the Army and the Secretary of Agriculture to make joint investigations and surveys of watershed areas for flood prevention or the conservation, development, utilization, and disposal of water, and for flood control and allied purposes, and to prepare joint reports on such investigations and surveys for submission to the Congress, and for other purposes. (Act of September 5, 1962, Public Law 87-639, 76 Stat. 438)

[Sec. 1. Watershed flood prevention and water conservation studies authorized.]-The Secretary of the Army and the Secretary of Agriculture, when authorized to do so by resolutions adopted by the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, are hereby authorized and directed to make joint investigations and surveys in accordance with their existing authorities of watershed areas in the United States, Puerto Rico, and the Virgin Islands, and to prepare joint reports on such investigations and surveys setting forth their recommendations for the installation of the works of improvement needed for flood prevention or the conservation, development, utilization, and disposal of water, and for flood control and allied purposes. Such joint reports shall be submitted to the Congress through the President for adoption and authorization by the Congress of the recommended works of improvement: Provided, That the project authorization procedure established by Public Law 566, Eighty-third Congress, as amended, shall not be affected. (76 Stat. 438; 16 U.S.C. § 1009)

Sec. 2. [Appropriation authorization.]—There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, such sums to remain available until expended. (76 Stat. 438; 16 U.S.C. § 1009)

EXPLANATORY NOTES

Reference in the Text. Public Law 566, Eighty-third Congress, as amended, referred to in the text, is the Watershed Protection and Flood Prevention Act, approved August 4, 1954. The Act appears herein in chronological order.

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. 3801, Public Law 87-639 in the 87th Congress. Reported in House from Public Works Aug. 30, 1961; H.R. Rept. No. 1083. Passed House Sept. 18, 1961. Reported in Senate from Public Works Aug. 23, 1962; S. Rept. No. 1910. Passed Senate Aug. 25, 1962.

1685

HANFORD NEW PRODUCTION REACTOR

[Extracts from] An act to authorize appropriations for the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. (Act of September 26, 1962, Public Law 87-701, 76 Stat. 599)

Sec. 112. [Conditions precedent to sale of electric energy.]—(a) The Commission is not authorized

(1) to enter into any arrangements for the construction or operation of electric generating and transmission facilities at the Hanford New Production Reactor, or

(2) to sell any byproduct energy produced incident to the operation of the reactor and is directed to withhold from beneficial use and dissipate such byproduct energy, or

(3) to enter into agreements, as part of such arrangements, to lease or contract for the operation of the reactor during periods when the reactor is not being operated or maintained for production or other Commission purposes,

unless and until the Commission shall make the determinations required by subsection (b).

(b) Before entering into any arrangement or sale of the type described in subsection (a), the Commission shall make the following determinations:

(1) Usable byproduct energy will be produced incident to the production of special nuclear material in the reactor in accordance with the design of the reactor as originally authorized by Congress;

(2) The sale of byproduct energy could provide a substantial financial return to the United States Treasury for the benefit of the taxpayers;

(3) The national defense posture would be improved by the enhanced capability for resumption of special nuclear material production through non-Federal operation and maintenance of the reactor during periods when it is not being operated for special nuclear material production. (c) All expenses of modifications of the Hanford New Production Reactor made at the request of a non-Federal entity, and all expenses of constructing and operating the electric energy generating and transmission facilities at the New Production Reactor, shall be borne by such non-Federal entity.

(d) Any losses to the Bonneville Power Administration, in connection with the arrangements or sales authorized herein, shall be borne by its system customers through rate adjustments.

(e) The Commission shall not enter into any arrangements for the sale of byproduct energy from the Hanford New Production Reactor unless it determines that the purchaser has offered fifty per cent participation to private organizations and fifty per cent participation to public organizations on a non-discriminatory basis in the sale of electric energy generated therewith.

267-975-72-vol. III- -16

1686

HANFORD NEW PRODUCTION REACTOR

(f) No Federal agency may acquire the generating facilities without prior Congressional authorization and in the event of such authorization the generating facilities shall be acquired subject to contracts then in existence for disposition of the electric energy produced by the facilities.

(g) Before the Commission enters into any arrangements pursuant to this section, the basis for such arrangements and the determinations required by subsection (b), with supporting data, shall be submitted to the Joint Committee on Atomic Energy and a period of forty-five days shall elapse: Provided, however, That the Joint Committee, after having received such documents, may, by majority concurrence in writing, waive the conditions of or all or any portion of such forty-five day period. (76 Stat. 604)

EXPLANATORY NOTES

Not Codified. Section 112 of this Act is not codified in the U.S. Code.

Legislative History. H.R. 11974, Public Law 87-701 in the 87th Congress. Reported in House from Joint Committee on Atomic Energy June 21, 1962; H.R. Rept. No. 1871. Passed House July 17, 1962. Passed Senate, amended, Aug. 1, 1962. Senate asks for a conference Aug. 1, 1962. House agrees

to a conference Aug. 29, 1962. Conference report filed Sept. 11, 1962; H.R. Rept. No. 2342. House agrees to conference report Sept. 14, 1962. Senate agrees to conference report Sept. 18, 1962. Companion bill S. 3392 reported in Senate from Joint Committee on Atomic Energy June 29, 1962; S. Rept. No. 1671.

NOTES OF OPINIONS

1. Hanford power exchange contract

A proposed agreement whereby the Washington Public Power Supply System would furnish to the Bonneville Power Administration the total electric power generated from steam to be purchased from the Atomic Energy Commission's New Production Reactor at Hanford, Washington, and would receive in exchange therefor firm power from BPA, is clearly a contract for the exchange of power and comes within the general authority granted by section 5(b) of the Bonneville Project Act and section 14 of the Reclamation Project Act of 1939, which governs the operation of the Columbia Basin project as provided by section 1 of the Columbia Basin Project Act. (Dec. Comp. Gen. B-149016, B-149083, letter of Assistant Comptroller General Weitzel to Chairman Holifield, Joint Committee on Atomic Energy, July 16, 1962.)

In view of the express legislative intent of section 2(f) of the Bonneville Project Act to vest discretion in the Administrator of the Bonneville Power Administration as to the terms and conditions of contracts made

to carry out the purposes of that Act, and assuming that Congress authorizes Atomic Energy Commission participation in the plan to sell steam from the New Production Reactor at Hanford, Washington, the contingent liability provision in a proposed agreement that BPA would reimburse the Washington Public Power Supply System for expenses incurred in the event construction of the reactor should be discontinued, will not be questioned, notwithstanding the general provision of sections 3679 and 3732, Revised Statutes (31 U.S.C. § 665 and 41 U.S.C. § 11). Dec. Comp. Gen. B-149016, B-149083 (letter of Assistant Comptroller General Weitzel to Chairman Holifield, Joint Committee on Atomic Energy, July 16, 1962).

The determinations made by the Atomic Energy Commission with respect to the proposed contract with the Washington Public Power Supply System meet the requirements of section 112(b). Dec. Comp. Gen. B149083 (letter from Comptroller General Campbell to Chairman Holifield, Joint Committee on Atomic Energy, October 22, 1962).

1687

UPPER DIVISION, BAKER PROJECT

An act to authorize the Secretary of the Interior to construct, operate, and maintain the upper division of the Baker Federal reclamation project, Oregon, and for other purposes. (Act of September 27, 1962, Public Law 87-706, 76 Stat. 634)

[Sec. 1. Upper Division, Baker project, authorized.]-For the purposes of providing irrigation water, controlling floods, conserving and developing fish and wildlife, and providing recreational benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the facilities of the upper division of the Baker Federal reclamation project, Oregon. The principal works of the project shall consist of a dam and reservoir, pumping plants, and related facilities. (76 Stat. 634; 43 Stat. § 616t)

Sec. 2. [Repayment-McNary project power revenues-Excess lands.](a) The period provided in subsection (d), section 9, of the Reclamation Project Act of 1939, as amended (43 U.S.C. 485h), for repayment of the construction cost properly chargeable to any block of lands and assigned to be repaid by irrigators, may be extended to fifty years, exclusive of any 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 variable repayment plan as is provided therein. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay, within the repayment period or periods herein specified, shall be returned to the reclamation fund within such period or periods from revenues derived by the Secretary of the Interior from the disposition of power from the McNary project power facilities.

(b) Any lands in the upper division of the Baker project, Oregon, which are held in private ownership by a person whose holdings exceed the equivalent of one hundred and twenty acres of class 1 land shall, to the extent they exceed that acreage, be deemed excess lands. No water shall be furnished to such excess lands from, through, or by means of project works unless (1) the owner's total holdings do not exceed one hundred and sixty irrigable acres or (2) said owner shall have executed a valid recordable contract with respect to the excess in like manner as provided in the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 636, 649, 43 U.S.C. 423e). In computing "the equivalent of one hundred and twenty acres of class 1 land" under the first sentence of this section, each acre of class 2 land shall be counted as seventy-five one-hundredths of an acre, each acre of class 3 land shall be counted as fifty-five one-hundredths of an acre, and each acre of class 4 land shall be counted as thirty-eight one-hundredths of an acre. (76 Stat. 634; 43 Stat. § 616u)