1881 AMENDED CONTRACT, EL PASO COUNTY WATER An act to approve a contract negotiated with the El Paso County Water Improvement District Numbered 1, Texas, to authorize the execution, and for other purposes. (Act of August 23, 1966, Public Law 89-543, 80 Stat, 350) [Amendatory repayment contract approved.]-The proposed contract designated "FST031765" negotiated by the Secretary of the Interior with the El Paso County Water Improvement District Numbered 1, Texas, to extend the period for repayment of reimbursable costs incurred on the Rio Grande project for construction and for rehabilitation and betterment work and to establish a variable repayment schedule for such costs allocated to this district is approved and the Secretary of the Interior is hereby authorized to execute such contract on behalf of the United States. (80 Stat. 350) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Authorization. The construction of the Elephant Butte Dam (formerly Engle Dam) on the Rio Grande was authorized by the Act of February 25, 1905. Construction of the Rio Grande project was authorized by the Secretary of the Interior on December 2, 1905, pursuant to the Reclamation Act of June 17, 1902. Both the 1902 and 1905 Acts appear herein in chronological order. Legislative History. H.R. 11671, Public Law 89-543 in the 89th Congress. Reported in House from Interior and Insular Affairs, July 12, 1966; H.R. Rept. No. 1693. Passed House July 18, 1966. Reported in Senate from Interior and Insular Affairs, Aug. 4, 1966; S. Rept. No. 1429. Passed Senate, amended, August 8, 1966. House agrees to Senate amendment August 11, 1966. 1882 AMEND SMALL RECLAMATION PROJECTS ACT An act to amend the Small Reclamation Projects Act of 1956. (Act of September 2, 1966, Public Law 89-553, 80 Stat. 376) [Sec. 1. Small Reclamation Projects Act amendments.]-The Small Reclamation Projects Act of 1956 (70 Stat. 1044), as amended (43 U.S.C. 422a et seq.) is hereby further amended as follows: (1) In section 2, by striking out the second sentence of subsection (d) and the first two provisos thereto and inserting in lieu thereof the following: "The term 'project' shall not include any such undertaking, unit, or program the cost of which exceeds $10,000,000, and no loan, grant, or combination thereof for any project shall be in excess of $6,500,000:" and by striking out "And provided further," and inserting in lieu thereof "Provided,"; (80 Stat. 376; 43 U.S.C. § 422b) (2) In section 4, by adding at the end of subsection (a) the following: "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 project functions."; (80 Stat. 376; 43 U.S.C. § 422d) (3) In section 4, subsection (b), by striking out the word "construction" from the phrase which now reads "and willing to finance otherwise than by loan and grant under this Act such portion of the cost of construction" and inserting in lieu thereof "the project"; by inserting at the end of the parenthetical phrase which follows thereafter ", except as provided in subsection 5(b) (2) hereof,"; and by changing the colon (:) to a period (.) and striking out the remainder of said subsection; (80 Stat. 376; 43 U.S.C. § 422d) (4) In section 5, by striking out the present text of items (a), (b), and (c) and inserting in lieu thereof the following: “(a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) $6,500,000 or (2) the estimated total cost of the project minus the contribution of the local organization as provided in section 4(b) and the amount of the grant approved; "(b) the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein for a reservoir or other area to be operated for fish and wildlife enhancement or public recreation purposes; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; and (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to func AMEND SMALL RECLAMATION PROJECTS ACT 1883 tions, other than recreation and fish and wildlife enhancement, which are nonreimbursable under general provisions of law applicable to such projects; "(c) a plan of repayment by the organization of (1) the sums lent to it in not more than fifty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such average rate to the nearest one-eighth of 1 per centum, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres; and (3) in the case of any project involving an allocation to domestic, industrial, or municipal water supply, or commercial power, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above;"; (80 Stat. 376; 43 U.S.C. § 422e) (5) In section 8, by striking out "Act of August 14, 1946 (60 Stat. 1080)" and inserting in lieu thereof "Fish and Wildlife Coordination Act (48 Stat. 401), as amended (16 U.S.C. 661 et seq.)"; (80 Stat. 377; 43 U.S.C. § 422h) (6) In section 10, by striking out $100,000,000" and inserting in lieu thereof "$200,000,000". (80 Stat. 377; 43 U.S.C. § 422j) Sec. 2. [Prior loans or grants unaffected.]-Nothing contained in this Act shall be applicable to or affect in any way the terms on which any loan or grant has been made prior to the effective date of this Act. (80 Stat. 377; 43 U.S.C. § 422b) EXPLANATORY NOTES Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of August 6, 1956. Legislative History. S. 602, Public Law 89-553 in the 89th Congress. Reported in Senate from Interior and Insular Affairs June 21, 1965; S. Rept. 336. Passed Senate July 1, 1965. Passed House, amended, September 7, 1965. Senate asks for a conference September 16, 1965. House agrees to conference May 2, 1966. Conference report filed June 16, 1966; H.R. Rept. No. 1627. House disagreed to conference report and asked for further conference, July 21, 1966. Senate agrees to further conference August 11, 1966. Further conference report filed August 17, 1966; H.R. Rept. No. 1858. Senate agrees to further conference report August 18, 1966. House agrees to further conference report August 22, 1966. Companion bill H.R. 4851; H.R. Rept. No. 894. 1884 MANSON UNIT, CHIEF JOSEPH DAM PROJECT An act to authorize the Secretary of the Interior to construct, operate, and maintain the Manson unit, Chelan division, Chief Joseph Dam project, Washington, and for other purposes. (Act of September 7, 1966, Public Law 89-557, 80. Stat. 704) [Sec. 1. Manson unit, Chelan division, Chief Joseph Dam project, authorized.]-For the purposes of supplying irrigation water for approximately five thousand eight hundred acres of land, undertaking the rehabilitation and betterment of works serving a major portion of these lands, conservation and development of fish and wildlife resources, and enhancement of recreation opportunities, the Secretary of the Interior is authorized to construct, operate, and maintain the Manson unit, Chelan division, Chief Joseph Dam project, Washington, in accordance with 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 dams and related works for enlargement of Antilon Lake storage, related canals, conduits, and distribution systems, and works incidental to the rehabilitation of the existing irrigation system. (80 Stat. 704; 43 U.S.C. § 616vv-1) Sec. 2. [Repayment-Assistance from power revenues-Construction costs defined-Power rates for irrigation pumping.]-Irrigation repayment contracts shall provide for repayment of the obligation assumed thereunder with respect to any contract unit over a period of not more than fifty years exclusive of any development period authorized by law. Construction costs allocated to irrigation beyond the ability of the irrigators to repay during the repayment period shall be returned to the reclamation fund within said repayment period from revenues derived by the Secretary from the disposition of power marketed through the Bonneville Power Administration. The term "construction costs", as used herein, 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 irrigators to pay during that period. Power and energy required for irrigation water pumping for the Manson unit shall be made available by the Secretary from the Federal Columbia River power system at charges determined by the Secretary. (80 Stat. 704; 43 U.S.C. § 616vv-2) Sec. 3. [Fish and wildlife development and enhancement and recreation.]-The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Manson unit shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213). (80 Stat. 704; 43 U.S.C. § 616vv-3) Sec. 4. [Water delivery limitations.]-For a period of ten years from the date of enactment of this Act, no water shall be delivered to any water user on the Manson unit, Chelan division, for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in MANSON UNIT, CHIEF JOSEPH DAM PROJECT 1885 excess of the normal supply as defined in section 301 (b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (80 Stat. 704; 43 U.S.C. § 616vv-4) Sec. 5. [Appropriation authorization.]—There are hereby authorized to be appropriated for construction of the new works involved in the Manson unit, $13,344,000 (April 1965 prices), 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 unit. (80 Stat. 705; 43 U.SC § 616vv-5) EXPLANATORY NOTES References in the Text. The definition of "agricultural commodity" in the Agricultural Act of 1949, as amended, referred to in the text, is found at 63 Stat. 1056, 7 U.S.C. § 1428 (c). The definition of "normal supply" in section 301 (b)(10) of the Agricultural Adjustment Act of 1938, as amended, also referred to in the text, is found at 62 Stat. 1251, 7 U.S.C. § 1301 (b) (10). Neither act appears herein. Legislative History. S. 490, Public Law 89-557 in the 89th Congress. Reported in Senate from Interior and Insular Affairs February 9, 1965; S. Rept. No. 61. Passed Senate February 10, 1965. Passed House, amended, March 30, 1966. Senate agrees to House amendment August 25, 1966. Companion bill H.R. 2829; H.R. Rept. No. 1321. |