1738 PUBLIC WORKS APPROPRIATION ACT, 1964 [Extracts from] An act making appropriations for certain civil functions administered by the Department of Defense, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority and certain river basin commissions for the fiscal year ending June 30, 1964, and for other purposes. (Act of December 31, 1963, Public Law 88-257, 77 Stat. 844) [Revenues credited to cost of Klamath project water rights program.]Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law: Provided, That net revenues not to exceed $140,000 arising from the lease of grazing and agricultural lands within the Tule Lake and Lower Klamath Lake Divisions as determined by the Secretary may be credited to the cost heretofore and hereafter incurred for the Klamath project water rights program, notwithstanding the provisions of section 2(c) of the Act of June 17, 1944, and sections 2(a), 2(b), 2(c) of the Act of August 1, 1956. (77 Stat. 850) [Siphon Drop powerplant, Yuma project-Reserve funds transferred to Yuma County Water Users Association.]—The amount of $241,160 shall be available from "Refunds and returns" for transfer to the Yuma County Water Users Association, representing the amount of credits accumulated as a reserve for depreciation and/or replacement of Siphon Drop powerplant, Yuma project, Arizona-California; this sum to be transferred to the Yuma County Water Users Association only after a contract providing for the custody, use, or expenditure of said money and containing terms satisfactory to the Secretary has been entered into with said association. (77 Stat. 850) [Short title.]-This Act may be cited as the "Public Works Appropriation Act, 1964". (77 Stat. 856) PUBLIC WORKS APPROPRIATION ACT, 1964 EXPLANATORY NOTES Not Codified. Sections of this Act which appear herein are not codified in the U.S. Code. Northwest-Pacific Southwest Pacific Intertie. In approving funds for construction of two extra high-voltage transmission lines between Bonneville and the Central Valley project power system and the Federal Colorado River power system, the Senate report states in part: "The committee directs that construction of these lines not begin until there has been enacted into law S. 1007, or similar legislation guaranteeing electric consumers in the Pacific Northwest first call on electric energy generated at Federal hydroelectric plants in that region and to guarantee electric consumers in other regions reciprocal priority. In addition, construction shall not begin unless the Secretary of the Interior finds, after good faith negotiations with utilities and other entities interested in constructing any portion of the lines involved, that their proposals will not result in benefits to the national interest at least equal to those to be derived from Federal 1739 construction, including revenues which will accrue to the Federal Government after amortization of the line or lines; has submitted his findings to the committee; and the committee has had an opportunity to review them." S. Rept. No. 746, 88th Cong., 1st Sess. 40 (1963). The conference report states that the managers on the part of the House concur in the above language. H.R. Rept. No. 1027, 88th Cong., 1st Sess. 24 (1963). Legislative History. H.R. 9140, Public Law 88-257 in the 88th Congress. Reported in House from Appropriations Nov. 15, 1963; H.R. Rept. No. 902. Passed House Nov. 19, 1963. Reported in Senate from Appropriations Dec. 5, 1963; S. Rept. No. 746. Passed Senate, amended, Dec. 9, 1963. Senate asks for a conference Dec. 9, 1963. House agrees to a conference Dec. 10, 1963. Conference report filed Dec. 11, 1963; H.R. Rept. No. 1027. House agrees to conference report Dec. 12, 1963. House recedes and concurs in Senate amendments Nos. 5 and 19, Dec. 12, 1963. Senate agrees to conference report Dec. 12, 1963. 1740 PURCHASE LANDS, ADJUST COSTS, THIRD DIVISION, RIVERTON PROJECT An act to authorize the Secretary of the Interior to acquire lands, including farm units and improvements thereon, in the third division, Riverton reclamation project, Wyoming, and to continue to deliver water for three years to lands of said division, and for other purposes. (Act of March 10, 1964, Public Law 88-278, 78 Stat. 156) [Sec. 1. Purchase of lands-Options-Report to Congress-Acquired lands available for exchange.]—(a) The Secretary of the Interior shall negotiate with the entrymen on and the owners of land within the third division of the Riverton Federal reclamation project, Wyoming, for the purchase of their lands, patented or unpatented, at a price equal to the appraised value thereof and of the improvements thereon. In the case of any lands which were represented as being suitable for sustained irrigation production in the land classification in force at the time entry was made or the lands were acquired by the present owner (or, if the present owner acquired the same by descent or devise, by his predecessor in title), such value shall be determined without reference to any deterioration in their irrigability subsequent to the time of entry or acquisition arising from above-normal seepage and/or inadequate drainage. The Secretary is authorized to acquire options for the purchase of such lands in the name of the United States. He shall make a final report on the result of his negotiations and on options acquired to the President of the Senate and the Speaker of the House of Representatives on or before June 30, 1964, and, upon the expiration of not less than sixty calendar days after the submission of this report, he may acquire such lands. (b) Property acquired by the United States under this section shall be available for disposal under the terms of the Farm Unit Exchange Act of August 13, 1953 (67 Stat. 566), or at public or private sale for not less than the appraised value at the time of such sale. Costs incurred by the Secretary under this section which are not offset by returns from sales shall be nonreimbursable and nonreturnable. (78 Stat. 156) Sec. 2. [Water delivery continued for three years-Water payments-Report to Congress on possibilities of economic irrigation in certain areas.]--The Secretary is authorized to continue to deliver water to the lands of the third division during calendar years 1964, 1965, and 1966 as under the provisions of section 9, subsection (d) (1), of the Reclamation Project Act of 1939 (53 Stat. 1187, ADJUSTMENTS, THIRD DIVISION, RIVERTON 1741 1195; 43 U.S.C. 485h (d)) but without regard to the time limitation therein specified. Water shall be furnished only upon individual application therefor and upon payment of an amount for each acre to which water is to be furnished to the applicant during the year in question equal to the estimated average cost per acre for all lands to be irrigated that year of operating and maintaining the third division. Prior to the expiration of this three-year period (January 1, 1967), the Secretary shall determine whether there are sufficient lands capable of sustained production under irrigation use in the North Portal, North Pavillion, and Cottonwood Bench areas of the third division to form an economical, feasible unit and shall report his findings thereon to the Congress. (78 Stat. 157) Sec. 3. [Limitation of land ownership.]-Notwithstanding any other provision of law, the limitation of lands held in single ownership within the third division which are eligible to receive project water from, through, or by means of project works shall be one hundred and sixty acres of class 1 land or the equivalent thereof in other land classes, as determined by the Secretary. (78 Stat. 157) Sec. 4. [Costs nonreimbursable when assigned to nonproductive lands; exceptions.]-Construction costs of the third division which the Secretary determines to be assignable to the lands classified as permanently nonproductive shall be nonreturnable and nonreimbursable under the Federal reclamation laws: Provided, That whenever new lands or lands formerly classified as nonproductive, are subsequently classified or reclassified as productive, the repayment obligation of the repayment organization within which such lands are included shall be appropriately increased. (77 Stat. 157) Sec. 5. [Moratorium on foreclosure by U.S.-New mortgages prohibited; exceptions.]—(a) Notwithstanding any other provision of law, any administrative regulation, or the terms of any mortgage or other security instrument, no real property on the third division which has heretofore been mortgaged or otherwise encumbered as security for a debt to the United States or any of its agencies shall be subject to foreclosure or other process of law for enforcement of the debt between the effective date of this Act and December 1, 1964: Provided, That nothing contained in the foregoing shall operate to discharge any obligation of the debtor to the United States. (b) Notwithstanding any other provision of law or any administrative regulation, no agency of the United States shall hereafter and prior to December 1, 1964, take as security for a debt to the United States or to that or any other agency of the United States any mortgage or other form of encumbrance on real property on the third division unless (1) the debt to the United States or its agency has heretofore been incurred and the security has heretofore been given. and is required to be continued in connection with a renewal or refinancing of the debt or (2) the debtor specifically waives, with the consent of the Secretary of the Interior, the privilege of selling his land to the United States as provided in the first section of this Act. (77 Stat. 157) Sec. 6. [Appropriations.]—Appropriations heretofore or hereafter made for carrying on the functions of the Bureau of Reclamation shall be available in an amount of not more than $3,200,000 for the acquisition of lands as provided in section 1(a) of this Act and for additional drainage facilities, canal lining, and 1742 ADJUSTMENTS, THIRD DIVISION, RIVERTON structure replacements: Provided, That all miscellaneous net revenues received from the sale of lands under section 1(b) of this Act shall be applied against such costs. (77 Stat. 157; Act of September 2, 1964, 78 Stat. 853) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1964 Amendment. The Act of September 2, 1964, increased the appropriation figure of the earlier 1964 Act from $2,000,000 to $3,200,000. For legislative history see H.R. 12128, Public Law 88-569 in the 88th Congress; S. Rept. No. 1478 (on S. 3053); H.R. Rept. No. 1827. Authorization. The Riverton project was initially authorized as an Indian reclamation project pursuant to the Indian Appropriation Act of March 2, 1917, 29 Stat. 969, 993. It was placed under the jurisdiction of the Bureau of Reclamation by the Act of June 5, 1920, 41 Stat. 874, 915, the Sundry Civil Expenses Appropriation Act for 1921. The first and second divisions of the project were developed over the next 20 years. The general plan of development of the third division was authorized as the Riverton Extension Unit of the Missouri River Basin project under section 9(a) of the Flood Control Act of 1944, 58 Stat. 887, 891, but was not constructed as a part of that project. Extracts from the 1920 and 1944 Acts, including the provisions referred to, appear herein in chronological order. Reference in the Text. Subsection 9(d) (1) of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195; 43 U.S.C. 485h (d)), enacted August 4, 1939, which is referred to in section 2 of the text, authorizes the Secretary of the Interior to fix a development period for each irrigation block, not to exceed ten years, and to deliver water to the lands of the block during the development period at a charge per annum per acre foot, or other charge, to be fixed by the Secretary. The Act appears herein in chronological order. Cross Reference, Delivery of Water. The Act of April 19, 1963, found herein in chronological order, authorized the delivery of water to the lands of the Third Division, Riverton project during the calendar year 1963. Legislative History. H.R. 8171, Public Law 88-278 in the 88th Congress. Reported in House from Interior and Insular Affairs, Dec. 9, 1963. H.R. Rept. No. 1010. Passed House Dec. 17, 1963. Passed Senate Feb. 26, 1964. |