The project for the Rogue River, Oregon and California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 566, Eighty-seventh Congress, at an estimated cost of $106,700,000, subject to the conditions of local cooperation specified in said report: Provided, That the project is to be located, constructed, and operated to accomplish the benefits as set forth and described in the report and appendixes: And provided further, That in the years of short water supply all water users will share the available water in the same proportions that they would share the total full supply when it is available, and that no further water-use allocations will be made from the authorized storage so as to retain the maximum possible benefits to authorized uses during the periods of adversity when storage shortages occur. (76 Stat. 1192)

EXPLANATORY NOTE

Background: Both House and Senate committee reports note in part: "Local cooperation.... the Secretary of the Interior [will] make necessary arrangements for repayment of that part of the construction cost and annual operation, maintenance, and replacement costs allocated to irrigation, presently estimated at $13,007,000 and

$66,500, respectively, for the Lost CreekElk Creek Reservoirs and $3,585,000 and $9,900, respectively, for the Applegate Reservoir." H.R. Rept. No. 2504 on H.R. 13273, at 223, and S. Rept. No. 2258 on S. 3773, at 299, 87th Cong., 2d Sess. (1962).

*

COLUMBIA RIVER BASIN

[Ririe Reservoir.]—The project for the Ririe Dam and Reservoir, Willow Creek, Idaho, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 562, Eighty-seventh Congress, at an estimated cost of $7,027,000. (76 Stat. 1193)

The project for the Wynoochee River, Washington, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 601, Eighty-seventh Congress, at an estimated

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cost of $40,211,000: Provided, That the installation of the power-generating facilities shall not be made until the Chief of Engineers shall submit a reexamination report to the Congress for authorization. (76 Stat. 1193)

COOK INLET, ALASKA

[Bradley Lake project.]—The project for Bradley Lake, Cook Inlet, Alaska, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 455, Eighty-seventh Congress, at an estimated cost of $45,750,000. (76 Stat. 1193)

Sec. 204. (a). [Crater-Long Lakes division of the Snettisham project, Alaska, authorized to be constructed by the Secretary of the Army and to be operated and maintained by the Secretary of the Interior.]-For the purpose of developing hydroelectric power and to encourage and promote the economic development of and to foster the establishment of essential industries in the State of Alaska, and for other purposes, the Secretary of the Army, acting through the Chief of Engineers, is authorized to construct and the Secretary of the Interior is authorized to operate and maintain the Crater-Long Lakes division of the Snettisham project near Juneau, Alaska. The works of the division shall consist of pressure tunnels, surge tanks, penstocks, a powerplant, transmission facilities, and related facilities, all at an estimated cost of $41,634,000.

(b). [Marketing of electric power and energy-Basis for rate schedules― Amortization of the capital investment-Preferenced purchasers-Condition of contract with purchases for resale-Power revenues covered into Treasury as miscellaneous receipts.]—Electric power and energy generated at the division except that portion required in the operation of the division, shall be disposed of by the Secretary of the Interior in such a manner as to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles. Rate schedules shall be drawn having regard to the recovery of the costs of producing and transmitting the power and energy, including the amortization of the capital investment over a reasonable period of years, with interest at the average rate (which rate shall be certified by the Secretary of the Teasury) paid by the United States on its marketable long-term securities outstanding on the date of this Act and adjusted to the nearest oneeighth of 1 per centum. In the sale of such power and energy, preference shall be given to Federal agencies, public bodies, and cooperatives. It shall be a condition of every contract made under this Act for the sale of power and energy that the purchaser, if it be a purchaser for resale, will deliver power and energy to Federal agencies or facilities thereof within its transmission area at a reasonable charge for the use of its transmission facilities. All receipts from the transmission and sale of electric power and energy generated at said division shall be covered into the Treasury of the United States to the credit of miscellaneous receipts.

(c). [General authorities of Secretaries of the Army and of the Interior.]— The appropriate Secretary is authorized to perform any and all acts and enter into such agreements as may be appropriate for the purpose of carrying the provisions of this Act into full force and effect, including the acquisition of rights

FLOOD CONTROL ACT OF 1962

1705 and property, and the Secretary of the Army, when an appropriation shall have been made for the commencement of construction or the Secretary of the Interior in the case of operation and maintenance of said division, may, in connection with the construction or operation and maintenance of such division, enter into contracts for miscellaneous services for materials and supplies, as well as for construction, which may cover such periods of time as the appropriate Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor. (76 Stat. 1193)

Sec. 208. Section 207 of the Flood Control Act of 1960 (74 Stat. 501) is hereby amended to read as follows:

"Sec. 207. (a) [Definitions.]-When used in this section

"(1) The term 'Agency' means the Corps of Engineers, United States Army or the Bureau of Reclamation, United States Department of the Interior, whichever has jurisdiction over the project concerned.

"(2) The term 'head of the Agency concerned' means the Chief of Engineers or the Commissioner, Bureau of Reclamation, or their respective designees.

"(3) The term 'water resources projects to be constructed in the future' includes all projects not yet actually under construction, and, to the extent of work remaining to be completed, includes projects presently under construction where road relocations or identifiable components thereof are not complete as of the date of this section.

"(4) The term 'time of the taking' is the date of the relocation agreement, the date of the filing of a condemnation proceeding, or a date agreed upon between the parties as the date of taking.

"(b). [Use of existing public roads as access roads to water resource projects-Improvement, reconstruction and maintenance of such roads-Conditions required for such improvement, reconstruction and maintenance.]— Wherever, in connection with the construction of any authorized flood control, navigation, irrigation, or multiple-purpose project for the development of water resources, the head of the Agency concerned determines it to be in the public interest to utilize existing public roads as a means of providing access to such projects during construction, such Agency may improve, reconstruct, and maintain such roads and may contract with the local authority having jurisdiction over the roads to accomplish the necessary work. The accomplishment of such work of improvement may be carried out with or without obtaining any interest in the land on which the road is located in accordance with mutual agreement between the parties: Provided, (1) That the head of the Agency concerned determines that such work would result in a saving in Federal cost as opposed to the cost of providing a new access road at Federal expense, (2) that, at the completion of construction, the head of the Agency concerned will, if necessary, restore the road to at least as good condition as prior to the beginning of utilization for access during construction, and (3) that, at the completion of construction, the responsibility of the Agency for improvement, reconstruction, and maintenance shall cease.

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"(c). [Future water resources projects-Road design standards-Higher standard of road construction authorized if difference is paid for by State or local government.]—For water resources projects to be constructed in the future when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as practicable, serve in the same manner and reasonably as well as the existing road. The head of the Agency concerned is authorized to construct such substitute roads to design standards comparable to those of the State, or, where applicable State standards do not exist, those of the owning political division in which the road is located, for roads of the same classification as the road being replaced. The traffic existing at the time of the taking shall be used in the determination of the classification. In any case where a State or political subdivision thereof requests that such a substitute road be constructed to a higher standard than that provided in the preceding provisions of this subsection, and pays, prior to commencement of such construction, the additional costs involved due to such higher standard, such Agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs." (76 Stat. 1196; 33 U.S.C. § 701r-1)

1. Allocation and reimbursement of costs The provision of section 208 of the Flood Control Act of 1962, relating to the nonreimbursability of Federal costs of relocating roads to current standards, must be construed in pari materia with section 9 and section 14 of the Reclamation Project Act of 1939. This means that (1) the cost of relocating a road in kind is included as a part of total project cost to be allocated as provided in section 9 of the 1939 Act; (2) the additional cost of constructing the substitute road to current standards under section 208 is a non-reimbursable federal cost; and (3) the further cost of constructing the

road to a still higher standard requested by the State must be paid by the State. Memorandum of Associate Solicitor Weinberg, December 6, 1962.

2. Effective date

The benefits of this section may be extended by the Bureau of Reclamation to road relocation work performed under an agreement entered into prior to October 23, 1962, but only with respect to the work remaining to be done after such date. Dec. Comp. Gen., B-152193 (September 10, 1963), in re agreement with Kansas State Highway Commission for road relocation necessitated by Norton Reservoir, Missouri River Basin Project.

Sec. 212. [Short title.]—Title II of this Act may be cited as the "Flood Control Act of 1962". (76 Stat. 1198)

EXPLANATORY NOTES

Not Codified. Sections 203, 204, and 212 of these extracts are not codified in the U.S. Code.

Legislative History. H.R. 13273, Public Law 87-874 in the 87th Congress. Reported in House from Public Works Oct. 1, 1962;

FLOOD CONTROL ACT OF 1962