1818

AMEND MOVABLE PROPERTY TITLE TRANSFER ACT

An act to amend the Act of July 29, 1954, as amended, to permit transfer of title to movable property to agencies which assume operation and maintenance responsibility for project works serving municipal and industrial functions. (Act of June 24, 1965, Public Law 89-48, 79 Stat. 172)

[Sec. 1. Irrigation works-Title to movable property.]-Section 1 of the Act of July 29, 1954 (68 Stat. 580), as amended by the Act of August 2, 1956 (70 Stat. 940), is further amended to read as follows:

"SEC. 1. That whenever an irrigation district, municipality, or water users' organization assumes operation and maintenance of works constructed to furnish or distribute a water supply pursuant to a contract entered into with the United States in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) (43 U.S.C. 371 et seq.), the Secretary of the Interior may transfer to said district, municipality, or organization title to movable property which has been purchased with funds advanced by the district, municipality, or organization or which, in the case of property purchased with appropriated funds, is necessary to the operation and maintenance of such works and the value of which is to be repaid under a contract with the district, municipality, or organization. In order to encourage the assumption by irrigation districts, municipalities, and water users' organizations of the operation and maintenance of works constructed to furnish or distribute a water supply, the Secretary is authorized to use appropriated funds available for the project involved to acquire movable property for transfer under the terms and conditions hereinbefore provided, at the time operation and maintenance is assumed." (79 Stat. 172; 43 U.S.C. § 499a)

Sec. 2. [Water supply works-Transfer to municipal corporation.]—Whenever a municipal corporation or other organization to which water for municipal, domestic, or industrial use is furnished or distributed under a contract entered into with the United States pursuant to the Federal reclamation laws so requests, the Secretary of the Interior is authorized to transfer to it or its nominee the care, operation, and maintenance of the works by which such water supply is made available or such part of those works as, in his judgment, is appropriate in the circumstances, subject to such terms and conditions as he may prescribe. (79 Stat. 172; 43 U.S.C. § 499b)

EXPLANATORY NOTES

References in the Text. The Act of July 29, 1954 (68 Stat. 580), and August 2, 1956 (70 Stat. 940), referred to in the text, are both found herein in chronological order.

Editor's Note, Annotations. Annotations of opinion, if any, are included under the Act of July 29, 1954.

Legislative History. S. 1000, Public Law

89-48 in the 89th Congress. Reported in Senate from Interior and Insular Affairs March 26, 1965; S. Rept. No. 141. Passed Senate March 29, 1965. Reported in House from Interior and Insular Affairs June 1, 1965; H.R. Rept. No. 435. Passed House, amended, June 7, 1965. Senate agrees to House amendments June 9, 1965.

1819

AMEND MANN CREEK PROJECT ACT

An act to amend the Act authorizing the Mann Creek Federal reclamation project, Idaho, in order to increase the amount authorized to be appropriated for such project (Act of August 16, 1962; 76 Stat. 388). (Act of June 30, 1965, Public Law 89-60, 79 Stat. 207) [Appropriation authorization.]—Section 4 of the Act entitled "An Act to authorize the Secretary of the Interior to construct, operate, and maintain the Mann Creek Federal reclamation project, Idaho, and for other purposes", approved August 16, 1962 (76 Stat. 388; 43 U.S.C. 616j), is amended by striking out "$3,490,000 (April 1961 prices)" and inserting in lieu thereof "$4,180,000 (January 1965 prices) including $120,000 heretofore appropriated for preauthorization investigations, plus or minus such amounts, if any, as may be required by reasons of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes." (79 Stat. 207; 43 U.S.C. § 616j)

EXPLANATORY NOTES

Reference in the Text. The act approved August 16, 1962 (76 Stat. 388; 43 U.S.C. 616j), referred to in the text, appears herein in chronological order.

Editor's Note, Annotations. Annotations of opinion, if any, are included under the Act of August 16, 1962.

Legislative History. H.R. 6032, Public

Law 89-60 in the 89th Congress. Reported in House from Interior and Insular Affairs May 11, 1965; H.R. Rept. No. 335. Passed House May 17, 1965. Passed Senate June 17, 1965. Companion bill S. 1582 reported in Senate from Interior and Insular Affairs June 14, 1965; S. Rept. No. 326.

1820

FEDERAL WATER PROJECT RECREATION ACT

An act to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of Federal multiple-purpose water resource projects, and for other purposes. (Act of July 9, 1965, Public Law 89–72, 79 Stat. 213)

[Sec. 1. Congressional policy.]—It is the policy of the Congress and the intent of this Act that (a) in investigating and planning any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water resource project, full consideration shall be given to the opportunities, if any, which the project affords for outdoor recreation and for fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of this Act, it shall be constructed, operated, and maintained accordingly; (b) planning with respect to the development of the recreation potential of any such project shall be based on the coordination of the recreational use of the project area with the use of existing and planned Federal, State, or local public recreation developments; and (c) project construction agencies shall encourage non-Federal public bodies to administer project land and water areas for recreation and fish and wildlife enhancement purposes and operate, maintain, and replace facilities provided for those purposes unless such areas or facilities are included or proposed for inclusion within a national recreation area, or are appropriate for administration by a Federal agency as a part of the national forest system, as a part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife. (79 Stat. 213; 16 U.S.C. § 460/-12)

Sec. 2. [Non-Federal administration-Cost sharing.]—(a) If, before authorization of a project, non-Federal public bodies indicate their intent in writing to agree to administer project land and water areas for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and to bear not less than one-half the separable costs of the project allocated to either or both of said purposes, as the case may be, and all the costs of operation, maintenance, and replacement incurred therefor

(1) the benefits of the project to said purpose or purposes shall be taken into account in determining the economic benefits of the project;

(2) costs shall be allocated to said purpose or purposes and to other purposes in a manner which will insure that all project purposes share equitably in the advantages of multiple-purpose construction: Provided, That the costs allocated to recreation or fish and wildlife enhancement shall not exceed the lesser of the benefits from those functions or the costs of providing recreation or fish and wildlife enhancement benefits of reasonably equivalent use and location by the least costly alternative means; and

(3) not more than one-half the separable costs and all the joint costs

FEDERAL WATER PROJECT RECREATION ACT

1821

of the project allocated to recreation and fish and wildlife enhancement shall be borne by the United States and be nonreimbursable.

Projects authorized during the calendar year 1965 may include recreation and fish and wildlife enhancement on the foregoing basis without the required indication of intent. Execution of an agreement as aforesaid shall be a prerequisite to commencement of construction of any project to which this subsection is applicable.

(b) The non-Federal share of the separable costs of the project allocated to recreation and fish and wildlife enhancement shall be borne by non-Federal interests, under either or both of the following methods as may be determined. appropriate by the head of the Federal agency having jurisdiction over the project: (1) payment, or provision of lands, interests therein, or facilities for the project; or (2) repayment, with interest at a rate comparable to that for other interest-bearing functions of Federal water resource projects, within fifty years of first use of project recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment may be limited to entrance and user fees or charges collected at the project by non-Federal interests if the fee schedule and the portion of fees dedicated to repayment are established on a basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years. (79 Stat. 214; 16 U.S.C. § 4601-13)

NOTES OF OPINIONS

Although the initial repayment contract under section 2(b)(2) must establish a fee schedule that is reasonably calculated to achieve repayment within 50 years, the Secretary may extend the time for repayment beyond 50 years when repayment has not been achieved within that period. Memorandum of Deputy Solicitor Weinberg, September 19, 1966.

2. Local contribution

In computing the 50 percent share of costs required by sections 7(a) and 3(b) to be contributed by non-Federal interests, recognition may be given under section 2(b) (1) to non-Federal lands or facilities if title thereto is transferred to the United States. The amount of the contribution can be taken as either the fair market value of the lands and facilities on the date of the contract or the actual cost of lands specifically acquired for transfer to the United States as payment. Memorandum of Associate Solicitor Meyer, September 23, 1966.

Sec. 3. [Basis for recreation and fish and wildlife enhancement.]—(a) No facilities or project modifications which will furnish recreation or fish and wildlife enhancement benefits shall be provided in the absence of the indication of intent with respect thereto specified in subsection 2(a) of this Act unless (1) such facilities or modifications serve other project purposes and are justified thereby without regard to such incidental recreation or fish and wildlife enhancement benefits as they may have or (2) they are minimum facilities which are required for the public health and safety and are located at access points provided by roads existing at the time of project construction or constructed for the administration and management of the project. Calculation of the recreation and fish and wildlife enhancement benefits in any such case shall be based on the number of visitor-days anticipated in the absence of recreation and fish and wildlife en

1822

FEDERAL WATER PROJECT RECREATION ACT

hancement facilities or modifications except as hereinbefore provided and on the value per visitor-day of the project without such facilities or modifications. Project costs allocated to recreation and fish and wildlife enhancement on this basis shall be nonreimbursable.

(b) Notwithstanding the absence of an indication of intent as specified in subsection 2(a), lands may be provided in connection with project construction to preserve the recreation and fish and wildlife enhancement potential of the project:

(1) If non-Federal public bodies execute an agreement within ten years after initial operation of the project (which agreement shall provide that the non-Federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than onehalf the costs of lands, facilities, and project modifications provided for either or both of those purposes, as the case may be, and all costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be nonreimbursable. Such agreement and subsequent development, however, shall not be the basis for any reallocation of joint costs of the project to recreation or fish and wildlife enhancement.

(2) If, within ten years after initial operation of the project, there is not an executed agreement as specified in paragraph (1) of this subsection, the head of the agency having jurisdiction over the project may utilize the lands for any lawful purpose within the jurisdiction of his agency, or may offer the land for sale to its immediate prior owner or his immediate heirs at its appraised fair market value as approved by the head of the agency at the time of offer or, if a firm agreement by said owner or his immediate heirs is not executed within ninety days of the date of the offer, may transfer custody of the lands to another Federal agency for use for any lawful purpose within the jurisdiction of that agency, or may lease the lands to a nonFederal public body, or may transfer the lands to the Administrator of General Services for disposition in accordance with the surplus property laws of the United States. In no case shall the lands be used or made available for use for any purpose in conflict with the purposes for which the project was constructed, and in every case except that of an offer to purchase made, as hereinbefore provided, by the prior owner or his heirs preference shall be given to uses which will preserve and promote the recreation and fish and wildlife enhancement potential of the project or, in the absence thereof, will not detract from that potential. (79 Stat. 214; 16 U.S.C. § 4601-14)

1. Local contribution

NOTE OF OPINION

In computing the 50 percent share of costs required by sections 7 (a) and 3(b) to be contributed by non-Federal interests,

recognition may be given under section 2(b)(1) to non-Federal lands or facilities if title thereto is transferred to the United States. The amount of the contribution can