The Agricultural Act of 1949, referred to in text, is classified to section 1421 et seq. of Title 7, Agriculture. The definition of "basic agricultural commodity" is set out in section 1428 of Title 7. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 615qqq of this title. § 615www. Authorization of appropriations. There is hereby authorized to be appropriated for construction of the works herein authorized and for the acquisition of the necessary land and rights the sum of $62,258,000 (January 1972 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. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said division. (Pub. L. 92514, title III, § 308, Oct. 20, 1972, 86 Stat. 968.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 615qqq of this title. O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA § 615xxx. Authorization for construction, operation, and maintenance; principal features. The O'Neill unit, heretofore authorized as an intregal part of the Pick-Sloan Missouri Basin program by the Act of August 21, 1954 (68 Stat. 757), is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for seventy-seven thousand acres of land, flood control, fish and wildlife conservation and development, public outdoor recreation, and for other purposes. The construction, operation, and maintenance of the O'Neill unit shall be subject to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal features of the unit shall include Norden Dam and Reservoir, related canals, a pumping plant, distribution systems, and other necessary works needed to effect the aforesaid purposes. (Pub. L. 92-514, title IV, § 401, Oct. 20, 1972, 86 Stat. 968.) REFERENCES IN TEXT The Act of August 21, 1954 (68 Stat. 757), referred to in text, was not classified to the Code. The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in text, are classified generally to this title. See Tables Volume for distribution. § 615yyy. Fish and wildlife resources; recreation opportunities. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the O'Neill unit shall be in accordance with provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title IV, § 402, Oct. 20, 1972, 86 Stat. 969.) REFERENCES IN TEXT The Federal Water Project Recreation Act, referred to in text, is classified to section 4601-12 et seq. of Title 16, Conservation. § 615zzz. Integration with other Federal works. The O'Neill unit shall be integrated physically and financially with the other Federal works con structed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented. (Pub. L. 92-514, title IV, § 403, Oct. 20, 1972, 86 Stat. 969.) REFERENCES IN TEXT Section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented, was not classified to the Code. § 615aaaa. Interest rates. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable to the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. (Pub. L. 92-514, title IV, § 404, Oct. 20, 1972, 86 Stat. 969.) § 615bbbb. Newly irrigated lands. For a period of ten years from October 20, 1972, no water from the project authorized by this Act shall be delivered to any water user 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 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security (Pub. L. 92-514, title IV, § 405, Oct. 20, 1972, 86 Stat. 969.) REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. The Agricultural Act of 1949, referred to in text, is classified to section 1421 et seq. of Title 7, Agriculture. The definition of "basic agricultural commodity" is set out in section 1428 of Title 7. § 615cccc. Authorization of appropriations. There is hereby authorized to be appropriated for construction of the O'Neill unit as authorized in this Act the sum of $113,300,000 (based upon January 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. (Pub. L. 92-514, title IV, § 406, Oct. 20, 1972, 86 Stat. 969.) REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA § 615dddd. Authorization; principal features. The North Loup division heretofore authorized as an integral part of the Missouri River Basin project by section 9 of the Flood Control Act of Decem ber 22, 1944, as amended and supplemented, is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for fiftythree thousand acres of land, enchancement of outdoor recreation opportunities, conservation and development of fish and wildlife resources, and for other purposes. The principal features of the North Loup division shall include Calamus and Davis Creek Dams and Reservoirs, Kent diversion works; irrigation canals; pumping facilities; associated irrigation distribution and drainage works; facilities for public outdoor recreation and fish and wildlife developments; and other necessary works and facilities to effect its purposes. (Pub. L. 92-514, title V, § 501, Oct. 20, 1972, 86 Stat. 969.) REFERENCES IN TEXT Section 9 of the Flood Control Act of December 22, 1944, referred to in text, was not classified to the Code. § 615eeee. Interest rates. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, 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. (Pub. L. 92-514, title V, § 502, Oct. 30, 1972, 86 Stat. 969.) § 615ffff. Fish and wildlife resources; recreation opportunities. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the North Loup division shall be in accordance with provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title V, § 503, Oct. 20, 1972, 86 Stat. 970.) is sufficient water available in the division storage reservoirs to deliver the design capacity of the canals receiving water from said reservoirs. (Pub. L. 92-514, title V, § 505, Oct. 20, 1972, 86 Stat. 970.) § 615iiii. Newly irrigated lands. For a period of ten years from October 20, 1972, no water from the project authorized by this Act shall be delivered to any water user 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 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (Pub. L. 92-514, title V, § 506, Oct. 20, 1972, 86 Stat. 970.) REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. The Agricultural Act of 1949, referred to in text, is classified to section 1421 et seq. of Title 7, Agriculture. The definition of "basic agricultural commodity" is set out in section 1428 of Title 7. § 615jjjj. Authorization of appropriations. There is hereby authorized to be appropriated for construction of the North Loup division as authorized in this Act the sum of $79,500,000 (based upon January 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the division. (Pub. L. 92-514, title V, § 507, Oct. 20, 1972, 86 Stat. 970.) REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. Chapter 12B.-COLORADO RIVER STORAGE PROJECT CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 460dd-3. § 620k. Appropriations. ADDITIONAL APPROPRIATIONS AUTHORIZED FOR CERTAIN PROJECTS IN THE UPPER COLORADO RIVER BASIN Pub. L. 92-370, Aug. 10, 1972, 86 Stat. 525, provided: "That in order to provide for completion of construction of the Cureacanti, Flaming Gorge, Glen Canyon, and Navajo units, and transmission division of the Colorado River storage project, and for completion of construction of the following participating projects: Central Utah (initial phase-Bonneville, Jensen, Upalco, and Vernal units), Emery County, Florida, Hammond, LaBarge, Lyman, Paonia, Seedskadee, Silt, and Smith Fork; the amount which section 12 of the Act of April 11, 1956 (79 Stat. 105) [this section] authorizes to be appropriated is hereby further increased by the sum of $610,000,000, plus or minus such amounts, if any, as may be required, by reason of changes in construction costs as indicated by engineering cost indexes applicable to the type of construction involved. This additonal sum shall be available solely for continuing construction of the previously authorized units and projects named herein." REORGANIZATION PLAN NO. 3 OF 1950 Eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, as amended July 5, 1952, c. 369, ch. XI, § 1101, 66 Stat. 121; June 1, 1971, Pub. L. 92-22, § 3, 85 Stat. 76. DEPARTMENT OF THE INTERIOR Sec. 4. [Repealed. Pub. L. 92-22, § 3, June 1, 1971, 85 Stat. 76. Section authorized appointment of Administrative Assistant Secretary of Interior, and is now covered by section 1453a of this title and section 5315(18) of Title 5. Section 3 provided that such repeal be effective upon Senate confirmation of Presidential appointment of Assistant Secretary of Interior under successor provisions.] § 1453a. Additional Assistant Secretary of Interior; appointment; duties; compensation. There shall be hereafter in the Department of the Interior, in addition to the Assistant Secretaries now provided by law, an additional Assistant Secretary of the Interior who shall be appointed by the President by and with the advice and consent of the Senate, who shall be responsible for such duties as the Secretary of the Interior shall prescribe, and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior. (Pub. L. 92-22, § 1, June 1, 1971, 85 Stat. 75.) SENATE CONFIRMATION OF PRESIDENTIAL APPOINTMENT OF ADDITIONAL ASSISTANT SECRETARY OF INTERIOR AS REPEALING PROVISIONS FOR ASSISTANT SECRETARY OF INTERIOR FOR ADMINISTRATION Section 3 of Pub. L. 92-22 provided that: "Section 4 of Reorganization Plan Numbered 3 of 1950, as amended (64 Stat. 1262) [set out in the Appendix to Title 5], and item (25) of section 5316, title 5, United States Code, are repealed, effective upon the confirmation by the United States Senate of a Presidential appointee to fill the posttion created by this Act [this section and section 5315(18) of Title 5]." CROSS REFERENCES Compensation of Assistant Secretaries of Interior, see section 5315 of Title 5, Government Organizations and Employees. § 1456a. Head of Mining Enforcement and Safety Administration; appointment with Senate approval. The head of the Mining Enforcement and Safety Administration shall be appointed by the President, by and with the advice and consent of the Senate: Provided, That if any individual who is serving in this office on November 16, 1973, is nominated for such position, he may continue to act unless and until such nomination shall be disapproved by the Senate. (Pub. L. 93-153, title IV, § 405, Nov. 16, 1973, 87 Stat. 590.) MINING ENFORCEMENT AND SAFETY ADMINISTRATION The Mining Enforcement and Safety Administration (MESA) was established within the Department of the Interior pursuant to Order Numbered 2953 of the Secretary of the Interior, July 10, 1973, 38 F.R. 18695, issued in accordance with the authority provided by section 2 of Reorganization Plan No. 3 of 1950, set out in the Appendix to Title 5, Government Organization and Employees, and became operative on July 16, 1973. Functions of mine health and safety, assessment and compliance, and education and training under the Federal Coal Mine Health and Safety Act of 1969 [section 801 et seq. of Title 30, Mineral Lands and Mining] and the Federal Metal and Nonmetallic Mine Safety Act [section 721 et seq. of Title 30] were transferred from the Bureau of Mines to the Mining Enforcement and Safety Administration. Sec. 1601. Congressional findings and declaration of policy. 1602. Definitions. 1603. Declaration of settlement. (a) Aboriginal title extinguishment through 1604. Enrollment. (a) Eligible Natives; finality of decision. (c) Election of enrollment in thirteenth region, 1605. Alaska Native Fund. (a) Establishment in Treasury; deposits into Fund of general fund, interest, and revenue sharing moneys. (b) Prohibition of expenditures for propaganda or political campaigns; misdemeanor; penalty. (c) Distribution of Fund moneys among organized Regional Corporations; basis as relative number of Native enrollees in each region; reserve for payment of attorney and other fees; retention of share in Fund until organization of corporation. 1606. Regional Corporations. (a) Division of Alaska into twelve geographic (c) Establishment of thirteenth region for non- (e) Original articles and bylaws: approval by (h) Stockholders' rights; alienation restriction: (1) Certain natural resource revenues; distribu- (1) Corporate funds and other net income, dis- Regional Corporations-Continued (1) Distributions to Village Corporations; village plan: withholding funds until submission of plan for use of money; joint ventures and joint financing of projects; disagreements, arbitration of issues as provided in articles of Regional Corporation. (m) Distributions among Village Corporations in a region; computation of dividends for nonresidents of village; financing regional projects with equitably withheld dividends and Village Corporation funds. Projects for Village Corporations. Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders, Secretary, and Congressional committees. (n) (0) (p) Federal-State conflict of laws. (q) Business management groups; investment services contracts. 1607. Village Corporations. 1608. (a) Organization of Corporation prerequisite to receipt of patent to lands or benefits under chapter. (b) Regional Corporation: approval of initial articles; review and approval of amendments to articles and annual budgets; assistance in preparation of articles and and other documents. (c) Regional Corporation stock alienation, annual audit, and transfer of stock ownership on death or by court decree: provisions applicable to Village Corporations; permissive transmittal of audits to congressional committees. Revenue sharing. (a) Minerals within section. (b) Interim payments into Alaska Native Fund based on percentage of gross value of produced or removed minerals and of rentals and bonuses; time of payment. (c) Patents; royalties: reservation of percentage (d) Distribution of bonuses, rentals, and royal- (h) Final payment; order of computation. 1609. Limitation of actions. 1616. 1611. Native land selections. (a) Acreage limitation; proximity of selections (d) Village Corporation for Native village at 1612. Surveys. (a) Areas for conveyance to Village Corporations; monumentation of exterior boundaries; meanderable water boundaries exempt from requirement; land occupied as primary place of residence or business, or for other purposes and other patentable lands as subject to survey. (b) Withdrawals, selections, and conveyances pursuant to chapter: current plats of surveys or protraction diagrams; conformity to Land Survey System. 1613. Conveyance of lands. 1614. (a) Native villages listed in section 1610 and (b) Native villages listed in section 1615 and (d) Rule of approximation with respect to acre- (e) Surface and/or subsurface estates to Regional Corporations. (f) Patents to Village Corporations for surface estates and to Regional Corporations for subsurface estates; excepted lands; mineral rights, consent of Village Corporations. (g) Valid existing rights preserved; saving provisions in patents; patentee rights; administration; proportionate rights of patentee. (h) Authorization of land conveyances. Timber sale contracts; modification. 1615. Withdrawal and selection of public lands; funds in lieu of acreage. (a) Withdrawal of public lands; list of Native villages. (b) Native land selections; Village Corporations for listed Native villages; acreage; proximity of selections; conformity to Lands Survey System. (c) Tlingit-Haida settlement. 1616. Joint Federal-State Land Use Planning Commis sion for Alaska. (a) (1) Establishment; membership. (2) Cochairmen; concurrence in decisions of Commission. (3) Quorum; removal; vacancies. (4) Compensation and travel, subsistence, and other necessary expenses. (5) Cochairmen; appointment and compensation of personnel, experts, and consultants. (6) Hearings; testimony and evidence; proceedings and reports; sessions; availability of information from Federal executive agen cies. (7) Duties and powers of Commission. (8) Reports to President, Congress, Governor, and Legislature; recordkeeping, public inspection. (9) Federal share of costs; authorization of appropriations. (10) Final report to President, Congress, Governor, and Legislature; termination date. (b) Public easements; continuance of access rights under valid existing rights. 1617. Joint Federal-State Land Use-Continued (d) Public Land Order Numbered 4582 revoked; withdrawal of unreserved public lands; classification and reclassification of lands; opening lands to appropriation; administration; contracting and other authority of Secretary not impaired by withdrawal. Indian allotment authority in Alaska; revocation; charging allotments on pending application against statutory acreage grant. 1618. Reservations; revocation; excepted reserve; acquisition of title to surface and subsurface estates in reserve: election of Village Corporations. 1619. Attorney and consultant fees. (a) Holding moneys in Fund for authorized payments. 1621. 1622. (a) Fund revenues exemption; investment income taxable. (b) Shares of stock exemption. (c) Land or land interests exemption; basis on disposition of land or land interests. (d) Real property interests: exemption period for interests not developed or leased, developed or leased interests taxable, certain real property interests taxable; derivative revenues or proceeds taxable. (e) Public lands status of real property interests exempt from real estate taxes for purposes of Federal highway and education laws; Federal fire protection services for real property interests without cost. Miscellaneous provisions. (a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments. (b) Patents for homesteads, headquarter sites, trade and manufacturing sites, or small tract sites; use and occupancy protection. (c) Mining claims; possessory rights, protection. (d) Purchase restrictions for personnel inapplicable to chapter. (e) National Wildlife Refuge System; replacement lands. (f) Land exchanges. (g) National Wildlife Refuge System lands subject of patents; Federal reservation of first refusal rights; provision in patents for continuing application of laws and regulations governing Refuge. (h) Withdrawals of public lands; termination date. (i) Administration of withdrawn lands; contracting and other authority of Secretaries not impaired by withdrawal. (1) Administration actions in absence of protraction diagrams and nonconformity to Land Survey System to accomplish purposes of chapter; deed notation of adjustments to insure beneficiaries of land grants their full entitlement. (k) National forest land patents; conditions. (1) Land selection limitation; proximity to home rule or first class city and Ketchikan. Annual reports to Congress until 1984; submission in 1985 of report of status of Natives, summary of actions taken, and recommendations. |
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