1693 CONVEYANCE OF LANDS TO CITY OF NEEDLES An act to direct the Secretary of the Interior to convey certain public lands in the State of California to the city of Needles. (Act of October 5, 1962, Public Law 87-752, 76 Stat. 749) [Sec. 1. Conveyance of land to City of Needles, Calif.-Mineral reservation to the United States-Legal description of the land.]—The Secretary of the Interior shall issue to the city of Needles, in the county of San Bernardino, State of California, upon payment by the city into the Treasury of the United States, not more than five years after the Secretary has notified the city of the purchase price which shall be an amount equal to the fair market value plus the cost of any appraisal of the lands as of the effective date of this Act as determined by the Secretary after the appraisal of the lands by contract appraisal or otherwise, a patent or deed for the following described lands situated within the city limits of said city of Needles or adjacent thereto, in the State of California comprising a total of 340 acres more or less (all range references are to San Bernardino base and meridian) with a reservation to the United States of the coal, phosphate, sodium, potassium, oil, gas, oil shale, native asphalt, solid and semisolid bitumen and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried), together with the right to prospect for, mine, and remove the same under applicable provisions of law: Sec. 2. [Conveyance subject to existing valid claims and continued uses by the United States.]-The conveyance authorized and directed by this Act shall be made subject to any existing valid claims against the lands described in the first section of this Act, and to any reservations necessary to protect continuing uses of said lands by the United States. (76 Stat. 749) Sec. 3. [Lands segregated from all forms of appropriation until provided otherwise by the Secretary of the Interior.]-The lands described in the first section of this Act shall be segregated from all forms of appropriation under the public land laws including the mining and mineral leasing laws, from the date of approval of this Act, until the Secretary shall provide otherwise by publication of an order in the Federal Register. (76 Stat. 749) Sec. 4. [Prior liabilities to the United States not relieved.]-The execution of the patents or deeds described in section 1 of this Act shall not relieve any person of any liability to the United States arising prior to the date of such conveyances for unauthorized use of the conveyed lands. (76 Stat. 750) 1694 CONVEYANCE OF LANDS TO CITY OF NEEDLES EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Bureau of Reclamation Interests. H.R. 2952, 87th Congress, was the bill which when enacted, after being amended in Committee, became this statute. The Department of Interior report on H.R. 2952 included the following observations: "The parcel (as described in section 1(a) of the bill as introduced) was in the bed of the river until a dredging project built it up from dredge spoil." "Moreover, the tract is located in the flood plain between the levee and the river and is required by the Bureau of Reclamation for flood control operation and maintenance in connection with the river." Section 1(a) of the bill as introduced, and which described the above parcel, was deleted by the House Committee on Interior and Insular Affairs. Of the 345 acres of public lands which were within the purview of H.R. 2952, the Department's report continued, “* *'* part of which is affected by outstanding reclamation withdrawals, some of which have been revoked but the lands not yet restored to entry. The public lands are in part being utilized by the Bureau of Reclamation for various purposes, **"Secincluding housing facilities. tion 1(b) of the bill as introduced became section 1(a) of the statute. The Department's report stated: "The gravel deposits contained in approximately 40 acres described in section 1(b) of the bill are required by Reclamation's operations. * * *" S. Rept. No. 2163, accompanying H.R. 2952, 87th Cong., 2nd Sess. (1962). Legislative History. H.R. 2952, Public Law 87-752 in the 87th Congress. Reported in House from Interior and Insular Affairs July 31, 1962; H.R. Rept. No. 2088. Passed House Aug. 6, 1962. Reported in Senate from Interior and Insular Affairs Sept. 26, 1962; S. Rept. No. 2163. Passed Senate Sept. 27, 1962. 1695 OROVILLE-TONASKET UNIT, CHIEF JOSEPH DAM PROJECT An act to authorize the Secretary of Interior to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen division, Chief Joseph Dam project, Washington, and for other purposes. (Act of October 9, 1962, Public Law 87-762, 76 Stat. 761) [Sec. 1. Oroville-Tonasket unit, Okanogan-Similkameen division, Chief Joseph Dam project, authorized.]-For the purpose of furnishing a new and a supplemental water supply for the irrigation of approximately eight thousand four hundred and fifty acres of land in Okanogan County, Washington, for the purpose of undertaking the rehabilitation and betterment of existing works serving a major portion of these lands and for conservation and development of fish and wildlife resources, the Secretary of Interior is authorized to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen division of the Chief Joseph Dam project, in accordance with the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the unit shall consist of: facilities to permit enlargement and utilization of Palmer Lake storage; related canal, diversion dam, pumping plants, and distribution systems; and necessary works incidental to the rehabilitation of the existing irrigation system. (76 Stat. 761) EXPLANATORY NOTE Cross Reference, Chief Joseph Dam Project. The project was made possible by the construction of the Chief Joseph Dam in the State of Washington by the Corps of Engineers. Initial authorization for construction of the Dam was included in section 1 of the Flood Control Act of 1946 (enacted July 24, 1946), 60 Stat. 637. The Secretary of Interior was authorized to make a study and report of irrigation works in connection with the Chief Joseph Dam by the Act of July 17, 1952, 66 Stat. 753. The 1952 Act appears herein in chronological order. Sec. 2. [Repayment period-Chief Joseph Dam and interconnected power to be available for irrigation pumping-Power rates.]-The basic 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 may be extended to fifty years, exclusive of any development period, from the time water is first delivered to that block. Power and energy required for irrigation pumping for the Oroville-Tonasket unit shall be made available by the Secretary from the Chief Joseph Dam powerplant and other Federal plants interconnected therewith at rates not to exceed the cost of such power and energy from the Chief Joseph Dam taking into account all costs of the dam, reservoir, and 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. (76 Stat. 761) Sec. 3. [Fish and wildlife conservation and enhancement-Public, including fishermen and hunters, may have access to project areas-Nonreimbursable and nonreturnable costs.]-The Secretary may make such provisions for fish and 1696 OROVILLE-TONASKET UNIT, CHIEF JOSEPH wildlife conservation, including the installation, operation and maintenance of fish screens at the pump plants and diversion dam, and provision for sufficient flows in the rivers below Palmer Lake, as he finds to be required for the mitigation of losses or damages to existing fishery and wildlife resources, and, if he determines that it is practicable and desirable to reestablish anadromous fish runs in the Similkameen River, may make such provisions, including the construction, operation, and maintenance of fish ladders and other control works, and downstream flow releases as he finds to be required to accomplish that purpose. The Secretary is further authorized to make provisions for access to project areas for the general public, including fishermen and hunters. An appropriate portion of the construction costs of the unit shall be allocated as provided in the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.), which, together with the portion of the operation, maintenance, and replacement costs allocated to this function or the equivalent capitalized value thereof, shall be nonreimbursable and nonreturnable under the Federal reclamation laws. (76 Stat. 761) Sec. 4. [Appropriations authorization.]-There are hereby authorized to be appropriated for construction of the works authorized by this Act not to exceed $3,210,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations from January 1961 construction costs as indicated by engineering cost indices applicable to the type of construction involved herein, and not to exceed $400,000 for carrying out the provisions of section 3 of this Act, in addition to the cost of fish screens, when the Secretary finds that conditions justify such expenditures. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. (76 Stat. 761) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.), referred to in section 3 of the text, is found herein in chronological order under the date of August 14, 1946. Legislative History. S. 1060, Public Law 87-762 in the 87th Congress. Reported in Senate from Interior and Insular Affairs Sept. 12, 1961; S. Rept. No. 973. Passed Senate Sept. 15, 1961. Reported in House from Interior and Insular Affairs Aug. 16, 1962; H.R. Rept. No. 2237. Passed House, amended, Sept. 20, 1962. Senate agrees to House amendments Sept. 28, 1962. EXCHANGE OF LANDS WITH SOUTHERN UTE INDIAN TRIBE 1697 An act to provide for an exchange of lands between the United States and the Southern Ute Indian Tribe, and for other purposes. (Act of October 15, 1962, Public Law 87828, 76 Stat. 954) [Sec. 9. Southern Ute Indian lands transferred to the United States for Navajo Dam and Reservoir project-Tribe to retain mineral rights-Legal description of the lands transferred.]-(a) There is hereby transferred to the United States all of the right, title, and interest of the Southern Ute Indian Tribe in the following lands, which are needed for the Navajo Dam and Reservoir project, except the minerals therein and the right to prospect for and remove them in a manner that does not impair the project, as prescribed by the Secretary of the Interior: (b) [Lands of Archuleta Mesa to be selected by the Secretary of the Interior and held in trust for Southern Ute Indian Tribe-Mineral rights reserved to the United States-Tribe to approve selection.]—In exchange for such conveyance, the Secretary of the Interior is authorized to transfer to the United States in trust for the Southern Ute Indian Tribe, subject to valid existing rights, public lands on the Archuleta Mesa, reserving to the United States the minerals therein and the right to prospect for and remove them under regulations of the Secretary of the Interior, that are contiguous to the present eastern boundary of the Southern Ute Indian Reservation, and that have a value equal to or not materially greater than the value of the lands conveyed by the tribe, such values to be determined by the Secretary: Provided, That such public lands shall be selected in a manner that will not increase the Government's management problem for other public lands, the selection shall be approved by the Southern Ute Indian Tribe, and the Southern Ute Indian Tribe shall pay to the United States any difference in the values of the lands exchanged. (c) [Owners of permanent range improvements on land selected for Indians shall be compensated.]-The owners of the range improvements of a permanent nature placed, under the authority of a permit from or agreement with the United States, on the public lands conveyed to the tribe shall be compensated for the reasonable value of such improvements, as determined by the Secretary, out of appropriations available for the construction of the Navajo unit, Colorado River storage project. (d) [Persons having grazing permits, licenses or leases cancelled because of the conveyance shall be compensated.]-Persons whose grazing permits, licenses, or leases on the public lands conveyed to the tribe are cancelled because of such |