1896

ADJUST ACQUIRED ESTATE, VEGA DAM

An act to provide adjustments in order to make uniform the estate acquired for the Vega Dam and Reservoir, Collbran project, Colorado, by authorizing the Secretary of the Interior to reconvey mineral interests in certain lands. (Act of September 16, 1966, Public Law 89-579, 80 Stat. 793).

[Sec. 1. Reconveyance of mineral interests.]-In order to provide adjustments in the interests in land heretofore acquired for the Vega Dam and Reservoir, Collbran project, Colorado, and thereby make uniform the estate acquired to fulfill necessary real estate requirements of the project, the Secretary of the Interior is authorized to reconvey to the former owner thereof any mineral interest, including oil and gas, heretofore acquired for said project, whenever the Secretary shall determine that the retention of such mineral interest is not required for public purposes and he shall have received an application for reconveyance as hereinafter provided. (80 Stat. 793)

Sec. 2. [Notice to former owner.]-The Secretary shall give notice to the former owner of such mineral interest of the availability of the interest for reconveyance under the provisions of this Act. The former owner shall thereafter file an application within ninety days of the date of notice if he desires to have the interest reconveyed to him. (80 Stat. 793)

Sec. 3. [Price of reconveyance.]-Any mineral interest reconveyed under this Act shall be transferred for an amount determined by the Secretary to be equal to the price at which the mineral interest was acquired by the United States. (80 Stat. 793)

Sec. 4. [Definition of "former owner."]-As used in this Act the term "former owner" means the person from whom any mineral interest was acquired by the United States or, if such person is deceased, his spouse; or if such spouse is deceased, his children or heirs at law. (80 Stat. 793)

Sec. 5. [Delegation of Secretary's authority.]-The Secretary of the Interior may delegate any authority conferred upon him by this Act to any officer or employee of the Department of the Interior. Such officer or employee shall exercise the authority so delegated under regulations prescribed by the Secretary. (80 Stat. 793)

EXPLANATORY NOTES

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

Authorization. The Collbran project, Colorado, was authorized by the Act of July 3, 1952, 66 Stat. 325. The Act appears herein in chronological order.

Legislative History. H.R. 399, Public

Law 89-579 in the 89th Congress. Reported in House from Interior and Insular Affairs, May 28, 1965; H.R. Rept. No. 429. Passed House June 7, 1965. Reported in Senate from Interior and Insular Affairs, August 30, 1966; S. Rept. No. 1541. Passed Senate August 31, 1966.

1897

LOWER RIO GRANDE SALINITY PROBLEM

An act to authorize conclusion of an agreement with Mexico for joint measures for solution of the Lower Rio Grande salinity problem. (Act of September 19, 1966, Public Law 89-584, 80 Stat. 808)

[Sec. 1. Agreement with Mexico authorized for construction of drainage canal.]-The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized, notwithstanding any other provision of law and subject to the conditions provided in this Act, to conclude an agreement or agreements with the appropriate official or officials of the Government of the United Mexican States for the construction, operation, and maintenance by the United Mexican States under the supervision of the International Boundary and Water Commission, United States and Mexico, of a drainage conveyance canal through Mexican territory for the discharge of waters of El Morillo and other drains in the United Mexican States into the Gulf of Mexico in the manner, and having substantially the characteristics, described in said Commission's minute numbered 223, dated November 30, 1965. The agreement or agreements shall provide that the costs of construction, including costs of design and right-of-way and the costs of operation and maintenance, shall be equally divided between the United Mexican States and the United States. Before concluding the agreement or agreements, the Secretary of State shall receive satisfactory assurances from private citizens or a responsible local group that they or it will pay to the United States Treasury one-half of the actual United States costs of such construction, including costs of design and right-of-way, and one-half of the actual costs of operation and maintenance allocated under such agreement or agreements to the United States. Payments to the United States Treasury under this section shall be covered into the Treasury as miscellaneous receipts. (80 Stat. 808; 22 U.S.C. § 277d-30) Sec. 2. [Appropriation authorized.]-To defray costs that accrue to the United States under the agreement or agreements referred to in the first section of this Act for the construction, operation, and maintenance of drainage conveyance canal projects, there are 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, the following amounts:

(1) Not to exceed $690,000 for costs of construction.

(2) Upon completion of construction, not to exceed $20,000 annually for costs of operation and maintenance. (80 Stat. 808; 22 U.S.C. § 277d-31)

EXPLANATORY NOTES

International Boundary Commission. The International Boundary Commission was created 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 signed February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order as of the date it was signed.

LOWER RIO GRANDE SALINITY PROBLEM

1899

TUALATIN PROJECT

An act to authorize the Secretary of the Interior to construct, operate, and maintain the Tualatin Federal reclamation project, Oregon, and for other purposes. (Act of September 20, 1966, Public Law 89-596, 80 Stat. 822)

[Sec. 1. Tualatin project authorized.]—In order to supply irrigation water to approximately seventeen thousand acres of land in the Tualatin River Valley, Oregon, to develop municipal and industrial water supplies, to provide facilities for river regulation and control of floods, to enhance recreation opportunities, to provide for the conservation and development of fish and wildlife resources, and for other purposes, the Secretary of the Interior is authorized to construct, operate, and maintain the Tualatin Federal reclamation project in accordance with the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto). The principal features of the said project shall be a dam and reservoir on Scroggin Creek, canals, pumping plants and water distribution facilities. (80 Stat. 822; 43 U.S.C. § 616nnn)

Sec. 2. [Repayment-Power revenue assistance.]-Irrigation repayment contracts shall provide, with respect to any contract unit, for repayment of the irrigation construction costs assigned for repayment to the irrigators 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. Power and energy required for irrigation water pumping for the Tualatin project shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. (80 Stat. 822; 43 U.S.C. § 616000)

Sec. 3. [Recreation and fish and wildlife.]—The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Tualatin project shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). (80 Stat. 822; 43 U.S.C. § 616ppp)

Sec. 4. [Repayment-Interest rates-Highway transportation costs of the project to be nonreimbursable.]—(a) Costs of the project allocated to municipal water supply shall be repayable, with interest, by the municipal water users over a period of not more than fifty years from the date that water is first delivered for that purpose, pursuant to contracts with municipal corporations, or other organizations, as defined in section 2(g) of the Reclamation Project Act of 1939 (53 Stat. 1187). Contracts may be entered into with water users' organizations pursuant to the provisions of this Act without regard to the last sentence of subsection 9(c) of the Reclamation Project Act of 1939, supra.

1900

TUALATIN PROJECT

(b) The interest rate used for computing interest during construction and interest on the unpaid balance of the costs of the project allocated to municipal water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is commenced, on the basis of the computed average interest rate payable by the Treas ury 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 interest rate to the nearest multiple of one-eighth of 1 per centum if the computed average interest rate is not a multiple of one-eighth of 1 per centum.

(c) Costs of the project allocated to highway transportation shall be nonreimbursable in accordance with section 208 of the Flood Control Act of 1962 (76 Stat. 1196). (80 Stat. 822; 43 U.S.C. § 616qqq)

EXPLANATORY NOTES

Reference in the Text. Section 208 of the Flood Control Act of 1962 (76 Stat. 1196), referred to in the text, deals, among other things, with the use of existing roads as access roads to Federal water project construction sites and the reconstruction or replacement of such roads, and provides that the Federal share of the cost of reconstruction or replacement shall be nonreimbursable. Extracts from the Act (enacted October 23, 1962), including section 208 referred to, appear herein in chronological order.

Reference in the Text. The last sentence of subsection (c) of section 9 of the Reclamation Project Act of 1939 (enacted August 4, 1939), referred to in section 3 of the text, reads: "No contract relating to municipal water supply or miscellaneous purposes or to electric power or power privileges shall be made unless, in the judgment of the Secretary, it will not impair the efficiency of the project for irrigation purposes." The Act appears herein in chronological order.

Sec. 5. [Crop production 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 Tualatin project 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 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. 822; 43 U.S.C. § 616rrr)

EXPLANATORY NOTE

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.

Sec. 6. [Appropriation authorized.]-There is hereby authorized to be ap propriated for the construction of the Tualatin project the sum of $20,900,000 (January 1965 prices) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved therein, and, in