1798 LOWER TETON DIVISION, TETON BASIN PROJECT

EXPLANATORY NOTE

1799

CANYONLANDS NATIONAL PARK

[Extracts from] An act to provide for establishment of the Canyonlands National Park in the State of Utah, and for other purposes. (Act of September 12, 1964, Public Law 88-590, 78 Stat. 934)

Sec. 2. [Acquisition of lands-Certain lands freed from withdrawal.]— Within the area described in section 1 hereof or which lies within the boundaries of the park, the Secretary of the Interior is authorized to acquire lands and interests in lands by such means as he may deem to be in the public interest. The Secretary may accept title to any non-Federal property within the park, including State-owned school sections and riverbed lands, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Utah, notwithstanding any other provision of law. The properties so exchanged shall be of the same classification, as near as may be, and shall be of approximately equal value, and the Secretary shall take the administrative action to complete transfer on any lands in a proper application by the State of Utah on or before the expiration of one hundred twenty days following the date of enactment of this Act: Provided, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged. Federal property located within the boundaries of the park may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior, without consideration, for use by him in carrying out the purposes of this Act. Any lands within the boundaries of the park which are subject to Bureau of Reclamation or Federal Power Commission withdrawals are hereby freed and exonerated from any such withdrawal and shall, on the date of enactment of this Act, become a part of the Canyonlands National Park subject to no qualifications except those imposed by this Act. (78 Stat. 937; 16 U.S.C. § 271a)

1800

PHREATOPHYTE CONTROL, PECOS RIVER BASIN

Joint resolution authorizing the Secretary of the Interior to carry out a continuing program to reduce nonbeneficial consumptive use of water in the Pecos River Basin, in New Mexico and Texas. (Act of September 12, 1964, Public Law 88-594, 78 Stat. 942) [Sec. 1. Phreatophyte control-Pecos River Basin.]-In order to prevent further decreases in the supply of water in the Pecos River Basin, and in order to increase and protect such water supply for municipal, industrial, irrigation, and recreational uses, and for the conservation of fish and wildlife, and to provide protection for the farmlands in such basin from the hazards of floods, the Secretary of the Interior (hereinafter referred to as the "Secretary”) is authorized and directed to take such measures as he deems necessary and appropriate to carry out a continuing program to reduce the nonbeneficial consumption of water in the basin, including that by salt cedar and other undesirable phreatophytes. Such program shall be carried out in the Pecos River Basin from its headwaters in New Mexico to the town of Girvin, Texas: Provided, however, That no money shall be appropriated for and no work commenced on the clearing of the floodway authorized by the Act of February 20, 1958 (72 Stat. 17), unless provision shall have been made to replace any Carlsbad Irrigation District terminal storage which might be lost by the clearing of said floodway. (78 Stat. 942)

EXPLANATORY NOTE

Reference in the Text. The Act of February 20, 1958 (72 Stat. 17), referred to in the text, authorizes the McMillan

Delta project. It appears herein in chronological order.

Sec. 2. [States' responsibilities.]-As a condition to undertaking the program authorized by the first section of this joint resolution, the Secretary shall require the States of New Mexico and Texas to give such assurances as he deems adequate that such States will acquire such lands, easements, rights-of-way, and other interests in lands as the Secretary considers necessary effectively to carry out such program. (78 Stat. 942)

Sec. 3. [Determination of beneficiaries-Cost allocations.]-(a) As a further condition to undertaking the program authorized by this joint resolution, the Secretary may, with respect to those beneficiaries in New Mexico and Texas which the Secretary determines to be likely to benefit directly from the results of such program, require such commitments as he deems appropriate that such beneficiaries will repay the United States so much of the reimbursable costs incurred by it in carrying out such program as do not exceed the value of the benefits accruing to such beneficiaries from such program. The Secretary shall not require the repayment of such costs unless he determines that it is feasible (1) to identify the beneficiaries that are directly benefited by the program, and (2) to measure the extent to which each beneficiary is benefited by such program. (b) Repayment contracts entered into pursuant to the provisions of this section shall be subject to such terms and conditions as the Secretary may

PHREATOPHYTE CONTROL, PECOS RIVER BASIN 1801

prescribe, except that the amount of the repayment installment and total obligation in the case of any beneficiary shall be fixed by the Secretary in accordance with the ability of such beneficiary to pay, taking into consideration all other financial obligations of such beneficiary.

(c) Any costs of the program which the Secretary determines as properly allocable to flood control, fish and wildlife conservation and development, recreation, or restoration of streamflow shall be considered as nonreimbursable costs.

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(d) In conducting the program, the Secretary shall take such measures as may necessary to insure that there will be no interference with regular streamflow, no contamination of water, and the least possible hazard to fish and wildlife resources. (78 Stat. 942)

Sec. 4. [Pecos River compact unaffected.]-Nothing contained in this joint resolution shall be construed to abrogate, amend, modify, or be in conflict with any provisions of the Pecos River compact. (78 Stat. 943)

EXPLANATORY NOTE

Reference in the Text. The Pecos River Compact, referred to in the text, was negotiated between the States of New Mexico and Texas, with the participation of a repre

sentative of the United States. The consent of Congress was granted to the Compact by the Act of June 9, 1949. The Act appears herein in chronological order.

Sec. 5. [Appropriation.]-There is hereby authorized to be appropriated not more than $2,500,000 for the initial eradication or suppression of salt cedar and other undesirable phreatophytes on lands within the area to which this joint resolution applies and, in addition thereto, such further sums as may be necessary to maintain continued control over this land to prevent its reinfestation. (78 Stat. 943)

EXPLANATORY NOTES

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

Legislative History. S.J. Res. 49, Public Law 88-594 in the 88th Congress. Reported in Senate from Interior and Insular Affairs Oct. 21, 1963; S. Rept. No. 572. Passed

Senate Oct. 22, 1963. Reported in House from Interior and Insular Affairs July 23, 1964; H.R. Rept. No. 1572. Passed House, amended, Aug. 17, 1964. Senate agrees to House amendments Sept. 2, 1964.

1802

CROOKED RIVER PROJECT EXTENSION

An act to amend the Act authorizing the Crooked River Federal reclamation project to provide for the irrigation of additional lands. (Act of September 18, 1964, Public Law 88-598, 78 Stat. 954)

[Sec. 1. Crooked River project extension authorized.]—The first section of the Act entitled "An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon", approved August 6, 1956 (70 Stat. 1058), as amended, is amended by inserting immediately before the period at the end of the first sentence of such section the following: "and the Crooked River project extension, together referred to hereafter as the project. The principal new works for the project extension shall include six pumping plants, canals, and related distribution and drainage facilities". (78 Stat. 954; 43 U.S.C. § 615f)

EXPLANATORY NOTES

Reference in the Text. The Act of August 6, 1956 (70 Stat. 1058), as amended, referred to in the text, appears herein in chronological order.

Editor's Note, Annotations. Annotations of opinions of section 1, if any, are found under the Act of August 6, 1956.

Sec. 2. [Appropriation.]—There are hereby authorized to be appropriated for construction of the new works involved in the Crooked River project extension $1,132,000, plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes and, in addition thereto, such sums as may be required to operate and maintain said extension. (78 Stat. 954; 43 U.S.C. § 615j-1)

Sec. 3. [Irrigation pumping power.]-Supplemental power and energy required for irrigation water pumping for the project shall be made available by the Secretary of the Interior from the Federal Columbia River power system at charges determined by him. (78 Stat. 954; 43 U.S.C. § 615f−1)

EXPLANATORY NOTE

Legislative History. S. 1186, Public Law 88-598 in the 88th Congress. Reported in Senate from Interior and Insular Affairs June 26, 1964; S. Rept. No. 1122. Passed Senate June 29, 1964. Passed House, amended, Sept. 1, 1964. Senate agrees to

House amendments Sept. 8, 1964. Public Law 88-598. Companion bill H.R. 1712 reported in House from Interior and Insular Affairs Aug. 12, 1964; H.R. Rept. No. 1778.