1698 EXCHANGE OF LANDS, SOUTHERN UTE TRIBE conveyance shall be compensated in accordance with the standard prescribed by the Act of July 9, 1942, as amended (43 U.S.C. 315q), out of appropriations available for the construction of the Navajo unit, Colorado River storage project. (e) [Lands conveyed to the Tribe shall be part of the Southern Ute Indian Reservation.]—The public lands conveyed to the tribe shall be a part of the Southern Ute Indian Reservation and shall be subject to the laws and regulations applicable to other tribal lands in that reservation. (f) [Lands conveyed to the United States shall be public lands and no longer "Indian country".]-The tribal lands conveyed to the United States shall no longer be "Indian country" within the meaning of section 1151 of title 18 of the United States Code. They shall have the status of public lands withdrawn for administration pursuant to the Federal reclamation laws, and they shall be subject to all laws and regulations governing the use and disposition of public lands in that status. (g) [Indians shall be provided crossing points over railroad right-of-way.]— In any right-of-way granted by the United States for a railroad over the tribal lands conveyed to the United States, the Secretary shall provide the Southern Ute Indians, at such points as he determines to be reasonable, the privilege of crossing such right-of-way. (h) [Lands conveyed to the United States may not be used for public recreation without tribal approval.]—The tribal lands conveyed to the United States shall not be utilized for public recreational facilities without the approval of the Southern Ute Tribal Council. (i) [Indian fishing rights not to be abridged.]—Nothing in this Act shall be construed to abridge any fishing rights that are vested in the Indians. (76 Stat. 954) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1963 Amendment. The Act of September 6, 1963, corrected the land description in Section 9, Township 32 North, Range 5 West, by deleting an excess comma that appeared after the second word in the Section. For legislative history see H.R. 5883, Public Law 88-112 in the 88th Congress; S. Rept. No. 463; H.R. Rept. No. 493. Reference in the Text. The Navajo Dam and Reservoir project, referred to in the text, was authorized by the Act of April 11, 1956, the Act authorizing the Colorado River storage project and participating projects. The Act appears herein in chronological order. Reference in the Text. The Act of July 9, 1942, as amended (43 U.S.C. 315q) referred to in the text, provides that: "Whenever use for war or national defense purposes of the public domain or other property owned by or under the control of the United States prevents its use for graz ing, persons holding grazing permits or licenses and persons whose grazing permits or licenses have been or will be cancelled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payment shall be deemed payment in full for such losses. Nothing herein contained shall be construed to create any liability not now existing against the United States." Legislative History. H.R. 9342, Public Law 87-828 in the 87th Congress. Reported in House from Interior and Insular Affairs Sept. 12, 1962; H.R. Rept. No. 2347. Passed House Sept. 17, 1962. Passed Senate, amended, Oct. 1, 1962. House agrees to Senate amendments Oct. 2, 1962. Companion bill S. 3713 reported in Senate from Interior and Insular Affairs Sept. 27, 1962; S. Rept. No. 2172. 1699 EASEMENTS IN PROPERTY OF UNITED STATES An act to authorize executive agencies to grant easements in, over, or upon real property of the United States under the control of such agencies, and for other purposes. (Act of October 23, 1962, Public Law 87-852, 76 Stat. 1129) [Sec. 1. Federal agencies authorized to grant easements to State and local agencies in, over, or upon real property of the United States-Relinquishment of legislative jurisdiction.]-Whenever a State or political subdivision or agency thereof or any person makes application for the grant of an easement in, over, or upon real property of the United States for a right-of-way or other purpose, the executive agency having control of such real property may grant to the applicant, on behalf of the United States, such easement as the head of such agency determines will not be adverse to the interests of the United States, subject to such reservations, exceptions, limitations, benefits, burdens, terms, or conditions, including those provided in section 2 hereof, as the head of the agency deems necessary to protect the interests of the United States. Such grant may be made without consideration, or with monetary or other consideration, including any interest in real property. In connection with the grant of such an easement, the executive agency concerned may relinquish to the State in which the affected real property is located such legislative jurisdiction as the executive agency deems necessary or desirable. Relinquishment of legislative jurisdiction under the authority of this Act may be accomplished by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof or by proceeding in such manner as the laws applicable to such State may provide. (76 Stat. 1129; 40 U.S.C. § 319) Sec. 2. [Termination of the easement-Written notice to grantee.]—The instrument granting any such easement may provide for termination of the easement in whole or in part if there has been (a) a failure to comply with any term or condition of the grant, or (b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or (c) an abandonment of the easement. If such a provision is included, it shall require that written notice of such termination shall be given to the grantee, or its successors or assigns. The termination shall be effective as of the date of such notice. (76 Stat. 1129; 40 U.S.C. § 319a) Sec. 3. [Authority granted is in addition to other law.]—The authority conferred by this Act shall be in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements. (76 Stat. 1129; 40 U.S.C. § 319b) Sec. 4. [Definitions.]-As used in this Act (a) The term "State" means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. 1700 EASEMENTS IN PROPERTY OF UNITED STATES (b) The term "executive agency" means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (c) The term "person" includes any corporation, partnership, firm, association, trust, estate, or other entity. (d) The term "real property of the United States" excludes the public lands (including minerals, vegetative, and other resources) in the United States, including lands reserved or dedicated for national forest purposes, lands administered or supervised by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, Indian-owned trust and restricted lands, and lands acquired by the United States primarily for fish and wildlife conservation purposes and administered by the Secretary of the Interior, lands withdrawn from the public domain primarily under the jurisdiction of the Secretary of the Interior, and lands acquired for national forest purposes. (76 Stat. 1129; 40 U.S.C. § 319c) EXPLANATORY NOTES Editor's Note, Annotations. Annotations of opinions are not included because none were found dealing primarily with the activities of the Bureau of Reclamation under this statute. Legislative History. H.R. 8355, Public Law 87-852 in the 87th Congress. Reported in House from Public Works Aug. 28, 1961; H.R. Rept. No. 1044. Passed House Feb. 5, 1962. Reported in Senate from Public Works Apr. 27, 1962; S. Rept. No. 1364. Passed Senate, amended, Sept. 7, 1962. House agrees to Senate amendments Oct. 10, 1962. 1701 FLOOD CONTROL ACT OF 1962 [Extracts from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes. (Act of October 23, 1962, Public Law 87-874, 76 Stat. 1173) [New Melones.]-The New Melones project, Stanislaus River, California, authorized by the Flood Control Act approved December 22, 1944 (58 Stat. 887), is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 453, Eighty-seventh Congress, at an estimated cost of $113,717,000: Provided, That upon completion of construction of the dam and powerplant by the Corps of Engineers, the project shall become an integral part of the Central Valley project and be operated and maintained by the Secretary of the Interior pursuant to the Federal reclamation laws, except that the flood control operation of the project shall be in accordance with the rules and regulations prescribed by the Secretary of the Army: Provided further, That the Stanislaus River Channel, from Goodwin Dam to the San Joaquin River, shall be maintained by the Secretary of the Army to a capacity of at least eight thousand cubic feet per second subject to the condition that responsible local interests agree to maintain private levees and to prevent encroachment on the existing channel and floodway between the levees: Provided further, That before initiating any diversions of water from the Stanislaus River Basin in connection with the operation of the Central Valley project, the Secretary of the Interior shall determine the quantity of water required to satisfy all existing and anticipated future needs within that basin and the diversions shall at all times be subordinate to the quantities so determined: Provided further, That the Secretary of the Army adopt appropriate measures to insure the preservation and propagation of fish and wildlife in the New Melones project and shall allocate to the preservation and propagation of fish and wildlife, as provided in the Act of August 14, 1946 (60 Stat. 1080), an appropriate share of the cost of constructing the Stanislaus River diversion and of operating and maintaining the same: Provided further, That the Secretary of the Army, in connection with the New Melones project, construct basic public recreation facilities, acquire land necessary for that purpose, the cost of constructing such facilities and acquiring such lands to be nonreimbursable and nonreturnable: Provided further, That contracts for the sale and delivery of the additional electric energy available from 267-975-72-vol. III—17 1702 FLOOD CONTROL ACT OF 1962 the Central Valley project power system as a result of the construction of the plants herein authorized and their integration with that system shall be made in accordance with preferences expressed in the Federal reclamation laws except that a first preference, to the extent as needed and as fixed by the Secretary of the Interior, but not to exceed 25 per centum of such additional energy, shall be given, under reclamation law, to preference customers in Tuolumne and Calaveras Counties, California, for use in that county, who are ready, able, and willing, within twelve months after notice of availability by the Secretary of the Interior, to enter into contracts for the energy and that Tuolumne and Calaveras County preference customers may exercise their option in the same date in each successive fifth year providing written notice of their intention to use the energy is given to the Secretary not less than eighteen months prior to said dates: And provided further, That the Secretary of the Army give consideration during the preconstruction planning for the New Melones project to the advisability of including storage for the regulation of streamflow for the purpose of downstream water quality control. (76 Stat. 1191) [Hidden Reservoir.]-The Hidden Reservoir, Fresno River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 37, Eighty-seventh Congress, at an estimated cost of $14,338,000. (76 Stat. 1192) [Buchanan Reservoir.]-The Buchanan Reservoir, Chowchilla River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 98, Eighty-seventh Congress, at an estimated cost of $13,585,000. (76 Stat. 1192) EXPLANATORY NOTES Cross Reference, Central Valley Project, California. The Central Valley project, referred to in the text, was authorized by a finding of feasibility by the Secretary of the Interior, approved by the President on December 2, 1935. The project was reauthorized by section 2 of the Act of August 26, 1937, 50 Stat. 850. The 1937 Act appears herein in chronological order. For references to other authorizations in the Central Valley project, California, see the explanatory notes following section 2 of the 1937 Act. Reference in the Text. Extracts from the Flood Control Act approved December 22, 1944 (58 Stat. 887), referred to in the text, appear herein in chronological order. Reference in the Text. The Act of August 14, 1946 (60 Stat. 1080), referred to in the text, as amended, is the Fish and Wildlife Coordination Act. The Act appears herein in chronological order. Background: Hidden Dam and Reservoir. Both House and Senate committee reports note in part: "Local cooperation.— (a) Hidden Dam and Reservoir: (1) Prior to construction of the dam and reservoir for irrigation, Secretary of the Interior [will] make necessary arrangements for repayment of that part of the construction cost and annual operation and maintenance cost allocated to irrigation, presently estimated at $3,698,000 and $17,000, respectively, such repayment to be financially integrated into the Central Valley project of the Bureau of Reclamation." H.R. Rept. No. 2504 on H.R. 13273, at 215, and S. Rept. No. 2258 on S. 3773, at 290, 87th Cong., 2d Sess. (1962). Background: Buchanan Dam and Reservoir. Both House and Senate committee reports note in part: "Local cooperation.(a) Buchanan Dam and Reservoir: (1) Prior to construction of the dam and reservoir, the Secretary of the Interior [will] make necessary arrangements for repayment, under the provisions of reclamation law, of that part of the construction cost and annual operation and maintenance cost allocated to irrigation, presently estimated at $6,341,000 and $43,000, respectively, the final cost allocation to be made by the Secretary of the Army, with the assistance of |