TUALATIN PROJECT

addition thereto, such sums as may be required to operate and maintain said project. (80 Stat. 823; 43 U.S.C. § 616sss)

EXPLANATORY NOTE

1902

AMEND COMPENSATION FOR CANAL RIGHTS-OF-WAY ACT

An act to amend the Act of September 2, 1964. (Act of October 4, 1966, Public Law 89-624, 80 Stat. 873)

[Sec. 1. Compensation authorized to be paid owners of private land utilized for ditches or canals.]—The Act of September 2, 1964 (78 Stat. 808; 43 U.S.C. 945 (a)), is amended to read "Notwithstanding the existence of any reservation of right-of-way to the United States for canals under the Act of August 30, 1890 (26 Stat. 371, 391; 43 U.S.C. 945), or any State statute, the Secretary of the Interior shall pay just compensation, including severance damages, to the owners of private land utilized for ditches or canals in connection with any reclamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after January 1, 1961, and such compensation shall be paid notwithstanding the execution of any agreements or any judgments entered in any condemnation proceeding, prior to the effective date of this Act. (80 Stat. 873; 43 U.S.C. § 945a)

EXPLANATORY NOTES

Reference in the Text. The Act of September 2, 1964 (78 Stat. 808; 43 U.S.C. 945 (a)), which is amended by this Act, appears herein in chronological order. The United States Code citation in the previous sentence is taken literally from the Act above, but is incorrect and should read

"43 U.S.C. 945a"-without the "a" being in parentheses.

Reference in the Text. The Act of August 30, 1890 (26 Stat. 371, 391; 43 U.S.C. 945), referred to in the text, appears herein in chronological order.

"Sec. 2. [Jurisdiction conferred on United States District Court.]—Jurisdiction of an action brought by the United States or the landowner for the determination of just compensation pursuant to this Act is hereby conferred on the United States district court in the district in which any such land is situated, without limitation to the amount of compensation sought by such suit. The procedure for such an action shall be governed by the Federal Rules of Civil Procedure for the condemnation of real and personal property. (80 Stat. 874; 43 U.S.C. § 945b)

"Sec. 3. [Effective date.]—The amendment made by this Act shall apply to any condemnation action pending in any district court of the United States on the date of enactment of this Act and to any such action instituted after that date." (80 Stat. 874; 43 U.S.C. § 945a, note)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of September 2, 1964.

Legislative History. H.R. 9976, Public Law 89-624 in the 89th Congress. Reported in House from Interior and Insular

Affairs July 29, 1966; H.R. Rept. No. 1784.
Passed House August 15, 1966. Reported in
Senate from Interior and Insular Affairs
September 20, 1966; S. Rept. No. 1619.
Passed Senate September 21, 1966.

1903

INTERNATIONAL FLOOD CONTROL PROJECT, TIJUANA

RIVER

An act to authorize the conclusion of an agreement for the joint construction by the United States and Mexico of an international flood control project for the Tijuana River in accordance with the provisions of the treaty of February 3, 1944, with Mexico, and for other purposes. (Act of October 10, 1966, Public Law 89-640, 80 Stat. 884)

[Sec. 1. Agreement with Mexico authorized for construction of the Tijuana River flood control project.]—The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of an international flood control project for the Tijuana River, which shall be located and have substantially the characteristics described in "Report on an International Flood Control Project, Tijuana River Basin", prepared by the United States Section, International Boundary and Water Commission, United States and Mexico. (80 Stat. 884; 22 U.S.C. § 277d-32)

Sec. 2. [Appropriation authorized.]—If agreement is concluded pursuant to section 1 of this Act, the said United States Commissioner is authorized to construct, operate, and maintain the portion of such project assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States Section, not to exceed $12,600,000 for the construction of such project and such sums as may be necessary for its maintenance and operation. No part of any appropriation under this Act shall be expended for construction on any land, site, or easement, except such as has been acquired by donation and the title thereto has been approved by the Attorney General of the United States. (80 Stat. 884; 22 U.S.C. § 277d-33)

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.

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. S. 2540, Public Law 89-640 in the 89th Congress. Reported in Senate from Foreign Relations, March 4, 1966; S. Rept. No. 1049. Passed Senate March 8, 1966. Passed House, amended, September 22, 1966. Senate agrees to House amendment, September 27, 1966. Companion bill H.R. 13825; H.R. Rept. No. 1745. H. Res. 1006; H.R. Rept. 1959.

1904

BIGHORN CANYON NATIONAL RECREATION AREA

An act to provide for the establishment of the Bighorn Canyon National Recreation Area, and for other purposes. (Act of October 15, 1966, Public Law 89-664, 80 Stat. 913) [Sec. 1. Bighorn Canyon National Recreation Area authorized-Boundaries of the area to be published in the Federal Register.]—(a) In order to provide for public outdoor recreation use and enjoyment of the proposed Yellowtail Reservoir and lands adjacent thereto in the States of Wyoming and Montana by the people of the United States and for preservation of the scenic, scientific, and historic features contributing to public enjoyment of such lands and waters, there is hereby established the Bighorn Canyon National Recreation Area to comprise the area generally depicted on the drawing entitled "Proposed Bighorn Canyon National Recreation Area", LNPMW-010A-BC, November 1964, which is on file in the Office of the National Park Service, Department of the Interior.

(b) As soon as practicable after approval of this Act, the Secretary of the Interior shall publish in the Federal Register a detailed description of the boundaries of the area which shall encompass, to the extent practicable, the lands and waters shown on the drawing referred to in subsection (a) of this section. The Secretary may subsequently make adjustments in the boundary of the area, subject to the provisions of subsection 2(b) of this Act, by publication of an amended description in the Federal Register. (80 Stat. 913; 16 U.S.C. § 460t) Sec. 2. [Acquisition of land-Crow Indian lands not to be included in the area unless requested by the Council of the Tribe-Term "shoreline" defined.](a) The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, or otherwise, lands and interests in lands within the boundaries of the area. The Secretary is further authorized to acquire, by any of the above methods, not to exceed ten acres of land or interests therein outside of the boundaries of the area in the vicinity of Lovell, Wyoming, for development and use, pursuant to such special regulations as he may promulgate, as a visitor contact station and administrative site. In the exercise of his exchange authority the Secretary may accept title to any non-Federal property within the area and convey in exchange therefor any federally owned property under his jurisdiction in the States of Montana and Wyoming which he classifies as suitable for exchange or other disposal, notwithstanding any other provision of law. Property so exchanged shall be approximately equal in fair market value: 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. Any property or interest therein owned by the State of Montana or the State of Wyoming or any political subdivision thereof within the recreation area may be acquired only by donation or exchange.

(b) No part of the tribal mountain lands or any other lands of the Crow Indian Tribe of Montana shall be included within the recreation area unless requested by the council of the tribe. The Indian lands so included may be

BIGHORN CANYON NATIONAL RECREATION AREA 1905

developed and administered in accordance with the laws and rules applicable to the recreation area, subject to any limitation specified by the tribal council and approved by the Secretary.

(c) (1) Notwithstanding any other provisions of this Act or of any other law, the Crow Indian Tribe shall be permitted to develop and operate waterbased recreational facilities, including landing ramps, boathouses, and fishing facilities, along that part of the shoreline of Yellowtail Reservoir which is adjacent to lands comprising the Crow Indian Reservation. Any such part so developed shall be administered in accordance with the laws and rules applicable to the recreation area, subject to any limitations specified by the tribal council and approved by the Secretary. Any revenues resulting from the operation of such facilities may be retained by the Crow Indian Tribe.

(2) As used in this subsection, the term "shoreline" means that land which borders both Yellowtail Reservoir and the exterior boundary of the Crow Indian Reservation, together with that part of the reservoir necessary to the development of the facilities referred to in this subsection. (80 Stat. 913; 16 U.S.C. § 460t-1)

Sec. 3. [Administration of the area.]-(a) The Secretary shall coordinate administration of the recreation area with the other purposes of the Yellowtail Reservoir project so that it will in his judgment best provide (1) for public outdoor recreation benefits, (2) for conservation of scenic, scientific, historic, and other values contributing to public enjoyment and (3) for management, utilization, and disposal of renewable natural resources in a manner that promotes, or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment.

(b) In the administration of the area for the purposes of this Act, the Secretary may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National Park Service and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this Act. (80 Stat. 913; 16 U.S.C. § 460t-2)

Sec. 4. [Hunting and fishing-Hunting and fishing rights of the Crow Tribe-Consultation with State fish and game authorities.]-The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the recreation area in accordance with the appropriate laws of the United States and of the States of Montana or Wyoming to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment, and except that nothing in this section shall impair the rights under other law of the Crow Tribe and its members to hunt and fish on lands of the Crow Tribe that are included in the recreation area, or the rights of the members of the Crow Tribe to hunt and fish under section 2(d) of the Act of July 15, 1958. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only