1753

INTERNATIONAL FLOOD CONTROL MEASURES,

LOWER COLORADO RIVER

An act to authorize the conclusion of agreements with Mexico for joint construction, operation, and maintenance of emergency flood control works on the lower Colorado River, in accordance with the provisions of article 13 of the 1944 Water Treaty with Mexico, and for other purposes. (Act of August 10, 1964, Public Law 88-411, 78 Stat. 386)

[Sec. 1. Agreements for flood control measures.]—The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to conclude, with the appropriate official or officials of the Government of Mexico agreements for emergency flood control measures of international character in the reaches of the lower Colorado River between Imperial Dam and the Gulf of California, in both the United States and Mexico, such agreements to provide: (a) for the joint clearing and maintaining free of trees and brush the bed and banks of the channel; for removing sediment deposits from the river channel; and (b) for corrective actions to guard against sedimentation and consequent aggradation of the river channel incident to desilting operations at diversion dams in the two countries: Provided, That, prior approval of the Secretary of the Interior is required of any proposed agreement with Mexico under clause (b) of this section. which would involve construction and/or operation of works on the Colorado River in the United States under the jurisdiction of the Secretary. The measures contemplated herein are for the purpose of controlling floods on the lower Colorado River in accordance with article 13 of the 1944 Water Treaty with Mexico, and accomplishment thereof by the International Boundary and Water Commission, United States Section, would be in accord with the Memorandum of Understanding "as to Functions and Jurisdiction of Agencies of the United States in Relation to the Colorado and Tijuana Rivers and the Rio Grande Below Fort Quitman, Texas, Under Water Treaty Signed at Washington, February 3, 1944," between the Department of State and the United States Section, International Boundary and Water Commission, and the Department of the Interior dated February 14, 1945. (78 Stat. 386; 22 U.S.C. § 277d-26)

Sec. 2. [United States Commissioner.]-The United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to carry out those measures agreed upon for execution by the United States in the agreements concluded pursuant to section 1 of this Act. (78 Stat. 386; 22 U.S.C. § 277d-27)

Sec. 3. [Appropriations.]—There is authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, not in excess of $300,000 for the initial cost of the work authorized in this Act, and not to exceed $20,000 annually thereafter for necessary maintenance. (78 Stat. 386; 22 U.S.C. § 277d-28)

1754 INTERNATIONAL FLOOD CONTROL, LOWER COLORADO

EXPLANATORY NOTES

1755

INCREASED AUTHORIZATION, MISSOURI RIVER BASIN PROJECT An act to increase the authorization for appropriation for continuing work in the Missouri River Basin by the Secretary of the Interior. (Act of August 14, 1964, Public Law 88-442, 78 Stat. 446)

[Appropriation increase authorized.]—In addition to previous authorizations, there is hereby authorized to be appropriated for fiscal years 1965 and 1966 the sum of $120,000,000 for the prosecution of the comprehensive plan adopted by section 9(a) of the Act approved December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress), as amended and supplemented by subsequent Acts of Congress, for continuing the works in the Missouri River Basin to be undertaken under said plans by the Secretary of the Interior. No part of the funds hereby authorized to be appropriated shall be available to initiate construction of any unit of the Missouri River Basin project, whether included in said comprehensive plan or not, which is not hereafter authorized by Act of Congress. (78 Stat. 446)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Reference in the Text. The Act of December 22, 1944 (the Flood Control Act of 1944), referred to in the text, appears herein in chronological order. The note following section 9(e) of the Act is a complete listing of appropriations authorized for works undertaken or planned in the Mis

souri River Basin by the Secretary of the Interior.

Legislative History. H.R. 9521, Public Law 88-442 in the 88th Congress. Reported in House from Interior and Insular Affairs Mar. 5, 1964; H.R. Rept. No. 1218. Passed House Apr. 20, 1964. Reported in Senate from Interior and Insular Affairs Aug. 4, 1964; S. Rept. No. 1302. Passed Senate Aug. 5, 1964.

1756

MORATORIUM ON POWER LICENSES, COLORADO RIVER

An act to preserve the jurisdiction of the Congress over construction of hydroelectric projects on the Colorado River below Glen Canyon Dam. (Act of August 27, 1964, Public Law 88-491, 78 Stat. 607)

[Moratorium on licensing]-No licenses or permits shall be issued under the Federal Power Act (16 U.S.C. 791a-823) nor any applications for such licenses or permits be accepted for filing for the reach of the Colorado River between Glen Canyon Dam and Lake Mead during the period ending December 31, 1966: Provided, That nothing herein shall change or affect for the purposes of any action which may be taken subsequent to such date the present status, equities, position, rights, or priorities of any parties to applications pending on the date of the enactment of this Act. (78 Stat. 607)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Congressional Purpose. In H.R. Rept. No. 1544, accompanying H.R. 9752, it is explained that at the time there were competing applications pending before the Federal Power Commission for a license to construct a hydroelectric project at the Marble Canyon site on the lower Colorado, and at the same time there was pending before Congress a comprehensive plan for the development of the water and power resources in the whole southwest region. Enactment of this legislation preserved through December 31, 1966, the op

portunity of Congress to consider the Southwest development plan without the possible interposition, in the meantime, of new and conflicting rights.

Legislative History. S. 502, Public Law 88-491 in the 88th Congress. Reported in Senate from Interior and Insular Affairs May 14, 1964; S. Rept. No. 1023. Passed Senate June 23, 1964. Passed House, amended, Aug. 12, 1964. Senate agrees to House amendments Aug. 14, 1964. Companion bill H.R. 9752 reported in House from Interstate and Foreign Commerce July 2, 1964; H.R. Rept. No. 1544.

1757

PUBLIC WORKS APPROPRIATION ACT, 1965

[Extracts from] An act making appropriations for certain civil functions administered by the Department of Defense, the Panama Canal, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority and the Delaware River Basin Commission, for the fiscal year ending June 30, 1965, and for other purposes. (Act of August 30, 1964, Public Law 88-511, 78 Stat. 682)

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, * * * [Additional tile drains, Wellton-Mohawk district, nonreimbursable.]—* * * Provided further, That not to exceed $2,000,000 as proposed in Senate Document 89, Eighty-eighth Congress, for maintaining suitable water quality in the Colorado River shall be non-reimbursable: * * * (78 Stat. 686)

[Malta, Montana-Street improvement.]—* * * Provided further, That not to exceed $26,000 shall be available for reimbursement to the city of Malta, Montana, for the cost of improvements to streets and appurtenant facilities adjoining property under the jurisdiction of the Department of the Interior in that city to be nonreimbursable and nonreturnable: (78 Stat. 686)

[Weber Basin project-Access roads improvement nonreimbursable.]—Provided further, That not to exceed $150,000 of funds made available for improvement of access roads in the Weber Basin project area shall be nonreimbursable. (78 Stat. 686)

[Short title.]-This Act may be cited as the "Public Works Appropriation Act, 1965". (78 Stat. 695)

EXPLANATORY NOTES

Not Codified. The extracts of this act shown here are not codified in the U.S. Code.

Pacific Northwest-Pacific Southwest Intertie. The Senate committee report states in part:

"Pacific Northwest-Pacific Southwest intertie, $42,200,000.-The committee recommends an appropriation of $42,200,000 to initiate construction of three of the four transmission lines between the power system of the Bonneville Power Administration and

the Pacific Southwest recommended in the report of the Secretary of the Interior on June 24, 1964, as amended on July 21 and July 27, 1964. The committee's recommendation is based upon acceptance by the Secretary of the Interior of those proposals for participation in the construction of the intertie transmission facilities submitted by non-Federal agencies, which the Secretary indicates in his report, as amended, he will utilize in effectuating the intertie.

"Of this amount, $1 million is for the