1688 UPPER DIVISION, BAKER PROJECT EXPLANATORY NOTE Reference in the Text. The third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 636, 649, 43 U.S.C. 423e), referred to in the text, among other things provides that no water shall be delivered to excess lands whenever the private owners thereof refuse to execute valid recordable contracts for the sale of such lands under terms and conditions satisfactory to the Secretary of the Interior. The Act is the Omnibus Adjustment Act and is found herein in chronological order. Sec. 3. [Recreation facilities-Fish and wildlife conservation and development-Cost allocations-State or local operation and maintenance-Flood control.]-(a) The Secretary of the Interior is authorized, in connection with the upper division of the Baker project, to construct minimum basic public recreation facilities and to arrange for the operation and maintenance of the same by an appropriate State or local agency or organization. The cost of constructing such facilities shall be nonreimbursable and nonreturnable under the reclamation laws. (b) The Secretary may make such reasonable provision in the works authorized by this Act as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-666c, inclusive), and the portion of the construction cost allocated to these purposes and to flood control, together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable. Before the works are transferred to an irrigation water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in a manner satisfactory to the Secretary of the Interior with respect to achieving the fish and wildlife benefits, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. (c) The works authorized in this Act shall be operated for flood control in accordance with regulations prescribed by the Secretary of the Army pursuant to section 7 of the Flood Control Act approved September 22, 1944 (58 Stat. 887). (76 Stat. 634; 43 U.S.C. § 616v) Sec. 4. [Appropriation authorization.]-There is hereby authorized to be appropriated for construction of the Baker Federal reclamation project the sum of $6,168,000 (February 1962 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the project. (76 Stat. 635; 43 U.S.C. § 616w) EXPLANATORY NOTES Authorization. The Baker project, Oregon, was found feasible by the Secretary of the Interior on March 17, 1931, pursuant to the Reclamation Act of June 17, 1902, and approved by the President (as required by section 4 of the Act of June 25, 1910 (36 Stat. 835)), on March 18, 1931. The 1910 Act appears herein in chronological order. Legislative History. H.R. 575, Public Law 87-706 in the 87th Congress. Reported in House from Interior and Insular Affairs July 2, 1962; H.R. Rept. No. 1960. Passed House Aug. 1, 1962. Reported in Senate from Interior and Insular Affairs Sept. 5, 1962; S. Rept. No. 1996. Passed Senate Sept. 20, 1962. 1689 ADDITIONAL FEATURES, TALENT DIVISION, ROGUE RIVER BASIN PROJECT An act to amend the Act of August 20, 1954 (68 Stat. 752), in order to provide for the construction, operation, and maintenance of additional features of the Talent division of the Rogue River Basin reclamation project, Oregon. (Act of October 1, 1962, Public Law 87-727, 76 Stat. 677) [Sec. 1. Additional works authorized.]-In addition to the works described in section 1 of the Act of August 20, 1954 (68 Stat. 752), 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 as a part of the Talent division of the Rogue River Basin project, Oregon, the following works: Agate Dam and Reservoir, a diversion dam, feeder canals, and related facilities. (76 Stat. 677) Sec. 2. [Recreation facilities-Fish and wildlife conservation and development.]-(a) The Secretary of the Interior is authorized, in connection with the works authorized by this Act, to construct minimum basic public recreation facilities and to arrange for the operation and maintenance of the same by an appropriate State or local agency or organization. The cost of constructing such facilities shall be nonreimbursable and nonreturnable under the reclamation laws. (b) The Secretary may make such reasonable provision in the works authorized by this Act as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C., sec. 661, and the following), and the portion of the construction costs allocated to these purposes together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable. (76 Stat. 677) Sec. 3. [Appropriation authorization increased-Repayment period.]—(a) Section 3 of the Act of August 20, 1954, supra, is amended by inserting after the figure “$22,900,000” the following: ", and for the construction of Agate Dam and Reservoir the sum of $1,802,000 (January 1960 costs), in each case". (b) Section 2, subsection (c) of said Act is amended by deleting the final period and adding to the last sentence "from the date when each irrigation repayment contract becomes effective." (76 Stat. 677) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Act of August 20, 1954 (68 Stat. 752), referred to in the text, is the Act which initially authorized the Talent Division of the Rogue River Basin project. The Act appears herein in chronological order. Legislative History. S. 1023, Public Law 87-727 in the 87th Congress. Reported in Senate from Interior and Insular Affairs Mar. 1, 1962; S. Rept. No. 1220. Passed Senate Mar. 8, 1962. Reported in House from Interior and Insular Affairs Aug. 16, 1962; H.R. Rept. No. 2236. Passed House Sept. 20, 1962. 1690 AMENDED CONTRACTS AND REPEAL OF FARM UNIT LIMITATIONS, COLUMBIA BASIN PROJECT An act to approve an amendatory repayment contract negotiated with the Quincy Columbia Basin Irrigation District, authorize similar contracts with any of the Columbia Basin Irrigation Districts, and to amend the Columbia Basin Project Act of 1943 (57 Stat. 14), as amended, and for other purposes. (Act of October 1, 1962, Public Law 87-728, 76 Stat. 677) [Sec. 1. Quincy Columbia Basin Irrigation District amendatory repayment contract authorized-Negotiation and execution of same form of contract authorized for South and East Columbia Basin Irrigation Districts.]—The amendatory repayment contract with the Quincy Columbia Basin Irrigation District negotiated by the Secretary of the Interior, pursuant to subsection (a) of section 7 of the Reclamation Project Act of 1939 (53 Stat. 1192; 43 U.S.C. 485f), which contract was approved by the district electors on February 13, 1962, is hereby approved and the Secretary is hereby authorized to execute it on behalf of the United States and to negotiate and execute on behalf of the United States amendatory repayment contracts in substantially the same form or amendatory repayment contracts containing substantially the same provisions with the South and East Columbia Basin Irrigation Districts. (76 Stat. 677; 16 U.S.C. § 835a) Approval of contracts 1. Approval of contracts 1 NOTES OF OPINIONS The amendatory contracts with the Quincy and South Columbia Basin Irrigation Districts may be approved irrespective of action or inaction of East District to amend its contract. Quincy Columbia Basin Irrigation District, 63 Wash. 2d 115, 385 P. 2d 715 (1963), cert. denied 376 U.S. 953 (1964). 2. Right to withdraw Where 1945 repayment contracts between the United States and irrigation districts on the Columbia Basin project afforded landowners the right to withdraw their lands from the districts, but 1951 contracts eliminated this right and amendatory repayment contracts and statute subsequently eliminated the withdrawal provision, landowners in the districts do not have the right to withdraw their lands prior to the election on the amendatory contracts. Quincy Columbia Basin Irrigation District, 63 Wash. 2d 115, 385 P. 2d 715 (1963), cert. denied, 376 U.S. 953 (1964). Sec. 2. [Districts' share of operation and maintenance costs prior to execution of amendatory contract to be capitalized and charged as part of project costs, etc.]-Upon any amendatory repayment contract with a Columbia Basin Irrigation District approved or authorized by this Act becoming effective to bind the United States, that district's share of the operation and maintenance funds expended or obligated for the construction of drainage works including appropriate interest thereon during calendar years 1960, 1961, and 1962 shall be capitalized and charged as a part of the construction cost of the project works assigned directly to irrigation and the Secretary shall either refund to it or give it credit for (as it may elect) all operation and maintenance payments (including interest paid by it in connection therewith) which it has made for the construction of drainage works during those years, such credit, if so elected by the district, to be AMENDMENTS, COLUMBIA BASIN PROJECT 1691 applied against future development period and/or construction charges of the district as they become due. (76 Stat. 678; 16 U.S.C. § 835a) Sec. 3. [Columbia Basin Project to be governed by Federal reclamation laws Sections of Columbia Basin Project Act repealed-Section 4 of same amended.]-The Columbia Basin project shall be governed by the Federal reclamation laws, being the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto, except that sections 2, 3, 7, and 9 of the Columbia Basin Project Act of March 10, 1943 (57 Stat. 14), as amended, are hereby repealed and section 4 of the Columbia Basin Project Act, as amended, is further amended to read as follows: "SEC. 4. (a) For the purposes of assisting in the permanent settlement of farm families, protecting project land, and facilitating project development, the Secretary is authorized to administer public lands of the United States in the project area and lands acquired under this section; to sell, exchange, or lease such lands; to dedicate portions of such lands for public purposes in keeping with sound project development; to acquire in the name of the United States, at prices satisfactory to him, such lands or interests in lands, within or adjacent to the project area, as he deems appropriate for the protection, development, or improvement of the project; and to accept donations of real and personal property for the purposes of this Act. Any moneys realized on account of donations for purposes of this Act shall be covered into the Treasury as trust funds. "(b) Contracts, exchanges, and leases made under this section shall be on terms that, in the Secretary's judgment, are in keeping with sound project development. In addition, land sale and exchange contracts shall be on a basis that, in the Secretary's judgment, provides for the return, in a reasonable period of years, of not less than the appraised value of the land and improvements thereon. Qualification of applicants for the purchase of land for irrigation farming shall be prescribed as provided in subsection (c) of section 4 of the Act of December 5, 1924 (43 Stat. 702), notwithstanding any other provisions of law. No farm unit shall be sold to, and no contract to sell a farm unit shall be entered into with, any person, corporation, or joint-stock association which has theretofore purchased or entered into a contract to purchase a farm unit from the United States on the Columbia Basin project. The foregoing provisions of this paragraph shall apply only to the sale of farm units which are suitable for settlement purposes. Farm units which, in the opinion of the Secretary, are not suitable for settlement purposes may be sold with a preference to resident project landowners as supplemental units, subject to the applicable irrigable acreage limitations on the delivery of water, but the purchasers thereof shall not be entitled to benefits of the Act of August 13, 1953 (67 Stat. 566) with respect thereto.”) (76 Stat. 678; 16 U.S.C. §§ 835–1, 835c) EXPLANATORY NOTES Reference in the Text. The Columbia Basin Project Act of March 10, 1943 (57 Stat. 14), as amended, referred to in the text, appears herein in chronological order. Reference in the Text. Subsection (C) of section 4 of the Act of December 5, 1924 (43 Stat. 702), referred to in the text, authorizes the Secretary of the Interior to appoint boards to pass on the qualifications of applicants to make entry for land in a Federal irrigation project. Section 4 of the 1924 Act is known popularly as "The Fact 1692 AMENDMENTS, COLUMBIA BASIN PROJECT Finders' Act." Extracts from the 1924 Act, including all of section 4, appear herein in chronological order. Reference in the Text. The Act of August 13, 1953 (67 Stat. 566), referred to in the text, is popularly known as the Farm Unit Exchange Act. The Act appears herein in chronological order. Sec. 4. [Secretary authorized to amend or modify contracts, instruments, rules, etc., to conform to this Act.]-The Secretary is hereby authorized and directed to amend or modify all existing contracts, instruments, rules, regulations, forms and procedures entered into or issued under the Columbia Basin Project Act, as amended (16 U.S.C. chap. 12D) prior to the date of enactment of this Act to conform to the provisions of this Act. (76 Stat. 679; 16 U.S.C. § 835c) Sec. 5. [Water delivery to existing farm units in excess of 160 acres—Rights of vendees or grantees existing prior to this Act are preserved.]—(a) Notwithstanding the provisions of the Federal reclamation laws, water may be delivered to a farm unit platted before the enactment of this Act that contains a nominal quarter section of land exceeding one hundred and sixty irrigable acres insofar as those provisions limit the delivery of water to irrigable lands in excess of one hundred and sixty irrigable acres. (16 U.S.C. § 835a) (b) The rights of any vendee or grantee as defined in section 3 of the Columbia Basin Project Act of 1943 are hereby preserved as to any transactions that were consummated by contract or deed prior to repeal of said section 3 by this Act. (76 Stat. 679; 16 U.S.C. § 835b) Sec. 6. [Other Columbia Basin Project Act amendments.]—The following sections of the Columbia Basin Project Act of March 10, 1943, are hereby amended in the following respects: (a) Section 5(b). Delete the last sentence thereof. (16 U.S.C. § 835c-1) (b) Section 6. Delete "under section 2 hereof" and insert in lieu thereof the words "for the repayment thereof". (16 U.S.C. § 835c-2) (c) Section 8. Delete "and to include in the contracts hereinbefore provided for" and insert in lieu thereof the words "and to include in contracts relating to the Columbia Basin project". (76 Stat. 679; 16 U.S.C. § 835c-4) Sec. 7. [Delivery of water for University agricultural research.]-The Act of June 23, 1959 (73 Stat. 87) is hereby amended to permit delivery of water to not to exceed six hundred and forty acres of irrigable lands whether or not said lands are in conformed farm units, owned by the State of Washington for use by the Washington State University for agricultural research purposes. (76 Stat. 679; 16 U.S.C. § 835a) EXPLANATORY NOTES Reference in the Text. The Act of June 23, 1959, 73 Stat. 87, referred to in the text, authorizes the sale of conformed farm units, or portions of farm units, comprising not more than 640 acres of irrigable land, and the delivery of water thereto, to the State of Washington for use by the State College of Washington for agricultural research purposes. The 1959 Act appears herein in chronological order. Editor's Note, Annotations. Annotations of opinions, if any, with respect to sections 3, 4, 5 and 6 of this Act are found under the Columbia Basin Project Act of March 10, 1943. Annotations of opinions, if any, with respect to section 7 of this Act are found under the Act of June 23, 1959. Legislative History. H.R. 11164, Public Law 87-728 in the 87th Congress. Reported in House from Interior and Insular Affairs Aug. 13, 1962; H.R. Rept. No. 2180. Passed House Aug. 20, 1962. Reported in Senate from Interior and Insular Affairs Sept. 6, 1962; S. Rept. No. 2002. Passed Senate Sept. 20, 1962. |