1803

WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT

An act to authorize the Secretary of the Interior to construct, operate, and maintain the Whitestone Coulee unit of the Okanogan-Similkameen division, Chief Joseph Dam project, Washington, and for other purposes. (Act of September 18, 1964, Public Law 88-599, 78 Stat. 955)

[Sec. 1. Whitestone Coulee Unit, Chief Joseph Dam project, authorized.]—— For the purpose of furnishing a new and a supplemental water supply for the irrigation of approximately two thousand five hundred and fifty acres of land in Okanogan County, Washington, for the purpose of undertaking the rehabilitation and betterment of existing works serving a major portion of these lands, and for conservation and development of fish and wildlife resources and improvement of public recreation facilities, the Secretary of the Interior is authorized to construct, operate, and maintain the Whitestone Coulee unit of the Okanogan-Similkameen division of the Chief Joseph Dam project, in accordance with the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the unit shall consist of: facilities to permit enlargement and utilization of Spectacle Lake storage; related canal and conduits, diversion dam, pumping plants, and distribution systems; and necessary works incidental to the rehabilitation and expansion of the existing irrigation system. (78 Stat. 955; 43 U.S.C. § 616ss)

EXPLANATORY NOTE

Cross Reference, Chief Joseph Dam Project. The project was made possible by the construction of the Chief Joseph Dam in the State of Washington by the Corps of Engineers. Initial authorization for construction of the Dam was included in section 1 of the Flood Control Act of 1946

(enacted July 24, 1946), 60 Stat. 637. The Secretary of the Interior was authorized to make a study and report of irrigation works in connection with the Chief Joseph Dam by the Act of July 17, 1952, 66 Stat. 753. The 1952 Act appears herein in chronological order.

Sec. 2. [Repayment period-Cost allocations.]—The provisions of section 2 of the Act of July 27, 1954 (68 Stat. 568, 569), shall be applicable to the Whitestone Coulee unit of the Okanogan-Similkameen division of the Chief Joseph Dam project. The term "construction costs" used therein shall include any irrigation operation, maintenance, and replacement costs during the development period which the Secretary finds it proper to fund because they are beyond the ability of the water users to pay during that period. (78 Stat. 955; 43 U.S.C. § 616tt)

EXPLANATORY Note

Reference in the Text. Section 2 of the Act of July 27, 1954 (68 Stat. 568, 569), referred to in the text, provides that repayment of construction costs may be extended to 50 years, exclusive of a devel

opment period, and that power revenues from the Chief Joseph Dam project may be used to repay costs which are beyond the ability of irrigators to repay. The Act appears herein in chronological order.

Sec. 3. [Recreation facilities-Fish and wildlife preservation.]—(a) The Secretary is authorized as a part of the Whitestone Coulee unit to construct,

1804

WHITESTONE COULEE UNIT, CHIEF JOSEPH

operate, and maintain or otherwise provide for basic public outdoor recreation facilities, to acquire or otherwise to include within the unit area such adjacent lands or interests therein as are necessary for public recreation use, to allocate water and reservoir capacity to recreation, and to provide for public use and enjoyment of unit lands, facilities, and water areas in a manner coordinated with the other unit purposes. The Secretary is authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, and additional development of unit lands or facilities, or to dispose of unit lands or facilities to Federal agencies or State or local public bodies by lease, transfer, exchange, or conveyance, upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation purposes. The costs of the aforesaid undertakings, including costs of investigation, planning, Federal operation and maintenance, and an appropriate share of the joint costs of the unit, shall be nonreimbursable. Nothing herein shall limit the authority of the Secretary granted by existing provisions of law relating to recreation development of water resources projects or the disposition of public lands for recreational purposes.

(b) The costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among the project functions. (78 Stat. 955; 43 U.S.C. § 616uu)

Sec. 4. [Appropriation.]—There are hereby authorized to be appropriated for construction of the new works involved in the Whitestone Coulee unit, of the Okanogan-Similkameen division of the Chief Joseph Dam project $5,312,000. 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 indices and, in addition thereto, such sums as may be required to operate and maintain said division. (78 Stat. 956; 43 U.S.C. § 616vv)

EXPLANATORY NOTE

Legislative History. S. 2447, Public Law 88-599 in the 88th Congress. Reported in Senate from Interior and Insular Affairs, Mar. 5, 1964; S. Rept. No. 938. Passed Senate Mar. 6, 1964. Passed House,

amended, Sept. 1, 1964. Senate agrees to House amendments Sept. 8, 1964. Companion bill H.R. 5118 reported in House from Interior and Insular Affairs Aug. 11, 1964; H.R. Rept. No. 1747.

1805

WATERSHED CONTROL WORKS, RIO GRANDE

CANALIZATION PROJECT

An act authorizing maintenance of flood and arroyo sediment control dams and related works to facilitate Rio Grande canalization project and authorizing appropriations for that purpose. (Act of September 18, 1964, Public Law 88-600, 78 Stat. 956) [Agreements for watershed control works. ]-For the purposes of facilitating and implementing operation and maintenance of the international Rio Grande canalization project, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to enter into agreements with the appropriate official or officials of local organizations, as defined in the Watershed Protection and Flood Prevention Act of August 4, 1954 (70 Stat. 1088), as amended (16 U.S.C.A. 1001, et seq.), for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and El Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of said Commissioner, to facilitate and implement the operation and maintenance of said project.

Such maintenance agreements between the local organization and the United States shall provide the extent of contribution by the United States as may be mutually agreed by the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States may be either in the form of funds or performance of the actual operation and maintenance.

Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project.

Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary.

There is hereby authorized to be appropriated not in excess of $23,000 per annum for contributions to maintenance authorized by this Act. (78 Stat. 956; 22 U.S.C. § 277d-29)

EXPLANATORY NOTES

International Boundary and Water Commission. The International Boundary Commission was created originally pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty

with Mexico of February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order.

Cross Reference, Rio Grande Canalization Project. The Rio Grande canalization project, referred to in text, was authorized by the Act of June 4, 1936, 49 Stat. 1463.

WATERSHED WORKS, RIO GRANDE CANALIZATION

1807

H.E.W. APPROPRIATION ACT, 1965

[Extracts from] An act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1965, and for other purposes. (Act of September 19, 1964, Public Law 88-605, 78 Stat. 959)

TITLE II-DEPARTMENT OF HEALTH, EDUCATION,
AND WELFARE

*

Sec. 206. [Colorado River water quality studies-Approval by President's Science Advisory Committee.]-Except upon the approval of the President's Science Advisory Committee, none of the funds herein appropriated shall be used to conduct or assist in conducting, or carry on, undertake, or continue surveys, investigations, or any programs (including but not limited to, the payment of salaries, administrative expenses, the conduct of research activities and policing actions) in the field of salinity control or of irrigation water quality in the area drained by the Colorado River and its tributaries. (78 Stat. 979) EXPLANATORY NOTE

Implementation. On October 19, 1964, in response to section 206 above, the President's Science Advisory Committee approved continuation of the Department of Health, Education, and Welfare's "Colorado River Basin Enforcement Project" for a period of ninety days. Subsequently, the Committee appointed a special panel to investigate the project. On the basis of the panel's findings, the Chairman of the Committee informed the Secretary of Health, Education, and Welfare in a letter dated December 21, 1964, that “* * * the Presi

dent's Science Advisory Committee approves the continuation of the HEW activities in the Colorado River basin related to salinity control and irrigation water quality * **". Effective May 10, 1966, pursuant to Reorganization Plan No. 2 of 1966, the Federal Water Pollution Control Administration, which is conducting these activities in the Colorado River Basin, was transferred from HEW to the Department of the Interior. The reorganization plan appears herein following the Act of July 9, 1956.

[Short title.]—This title may be cited as the "Department of Health, Education, and Welfare Appropriation Act, 1965". (78 Stat. 979)

EXPLANATORY NOTES

Not Codified. Extracts of this Act shown here are not codified in the U.S. Code.

Editor's Note, Annotations. Annotations of opinions are not included because this statute does not deal primarily with the activities of the Bureau of Reclamation.

Legislative History. H.R. 10809, Public Law 88-605 in the 88th Congress. Reported in House from Appropriations Apr. 10, 1964; H.R. Rept. No. 1316. Passed House

Apr. 14, 1964. Reported in Senate from Appropriations Aug. 17, 1964; S. Rept. No. 1460. Passed Senate, amended, Aug. 19, 1964. Senate asks for a conference Aug. 19, 1964. House agrees to a conference Sept. 1, 1964. Conference report filed Sept. 2, 1964; H.R. Rept. No. 1880. House agrees to conference report Sept. 3, 1964. Senate agrees to conference report Sept. 3, 1964.