L. Fish and wildlife conservation at water resource projects constructed by Secretary of the Interior 1. BAKER FEDERAL RECLAMATION PROJECT, OREGON Act of September 27, 1962 (76 Stat. 634; 43 U.S.C. 616t, 616v(b)) CONSTRUCTION AUTHORIZATION SECTION. 1. For the purposes of providing irrigation water, controlling floods, conserving and developing fish and wildlife, and providing recreational benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the facilities of the upper division of the Baker Federal reclamation project, Oregon. The principal works of the project shall consist of a dam and reservoir, pumping plants, and related facilities. FISH AND WILDLIFE CONSERVATION SEC. 3. (b) The Secretary may make such reasonable provision in the works authorized by this Act as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-666c, inclusive), and the portion of the construction costs allocated to these purposes and to flood control, together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable. Before the works are transferred to an irrigation water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in a manner satisfactory to the Secretary of the Interior with respect to achieving the fish and wildlife benefits, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. 393 2. CENTRAL VALLEY PROJECT, CALIFORNIA Act of August 27, 1954 (68 Stat. 879; 16 U.S.C. 695d-695j) TABLE OF CONTENTS Sec. 1. Development of water supplies for waterfowl management in California; reauthorization of Central Valley project. Sec. 2. Construction, operation, and maintenance of water supply development works. Sec. 3. Construction authorized by section 2 as not reimbursable or returnable and reclamation laws. Sec. 4. Authorization of appropriations. Sec. 5. Ownership by State of California of works constructed. Sec. 6. Authorization of Secretary of the Interior to contract for water delivery; delivery charge. Sec. 7. Conformity of water use with California laws; construction of Act. DEVELOPMENT OF WATER SUPPLIES FOR WATERFOWL MANAGEMENT IN CALIFORNIA; REAUTHORIZATION OF CENTRAL VALLEY PROJECT SECTION 1. The entire Central Valley project, California, heretofore authorized under the Act of August 26, 1937 (50 Stat. 844, 850), and reauthorized under the Act of October 17, 1940 (54 Stat. 1198, 1199), the Act of October 14, 1949 (63 Stat. 852), and the Act of September 26, 1950 (64 Stat. 1036), is reauthorized and declared to be for the purposes set forth in said Acts, and also for the use of the waters thereof for fish and wildlife purposes, subject to such priorities as are applicable under said Acts. (Aug. 27, 1954, c. 1012, § 1, 68 Stat. 879.) HISTORICAL NOTE References in Text.-The Act of August 26, 1937 (50 Stat. 844, 850), the Act of October 17, 1940 (54 Stat. 1198, 1199), the Act of October 14, 1949 (63 Stat. 852), and the Act of September 26, 1950 (64 Stat. 1036), referred to in the text of this section, are Acts Aug. 26, 1937, c. 832, 50 Stat. 844; Oct. 17, 1940, c. 895, 54 Stat. 1198; Oct. 14, 1949, c. 690, 63 Stat. 852; Sept. 26, 1950, c. 1047, 64 Stat. 1036, which, except for one irrelevant provision of said Act Aug. 26, 1937 (classified as a note under section 540 of Title 33, Navigation and Navigable Waters, U.S. Code), were not classified to the U.S. Code. CONSTRUCTION, OPERATION, AND MAINTENANCE OF WATER SUPPLY DEVELOPMENT WORKS SEC. 2. The Secretary of the Interior is authorized to construct, operate, and maintain such works on waterfowl management areas and refuges owned and operated by the State of California or the United States as may be necessary or desirable for the development of a water supply by means of wells and the recovery of drainage, and to furnish water available from such works, and water available from Central Valley project sources, for wildlife management purposes substantially in accordance with the recommendations set forth in the report of the United States Department of the Interior entitled "Waterfowl Conservation in the Lower San Joaquin Valley, Its Relation to the Grasslands and the Central Valley Project," dated October 1950, and such works should be developed in cooperation with the State of California. (Aug. 27, 1954, c. 1012, § 2, 68 Stat. 879.) CONSTRUCTION, AUTHORIZED BY SECTION 2 AS NOT REIMBURSABLE OR RETURNABLE UNDER RECLAMATION LAWS SEC. 3. The cost of investigation, planning, and construction of the works and the delivery of water as authorized in section 2 shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). (Aug. 27, 1954, c. 1012, § 3, 68 Stat. 879.) HISTORICAL NOTE References in Text.-The reclamation laws including the Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto, referred to in the text of this section, are classified generally to chapter 12 of Title 43, Public Lands, U.S. Code. AUTHORIZATION OF APPROPRIATIONS SEC. 4. There are authorized to be appropriated such funds, not to exceed $400,000, for construction of necessary works to supply water for State and federally owned and operated waterfowl management areas in the San Joaquin Valley to carry out the purposes of this Act. (Aug. 27, 1954, c. 1012, § 4, 68 Stat. 879.) OWNERSHIP BY STATE OF CALIFORNIA OF WORKS CONSTRUCTED SEC. 5. Works constructed under the authorization of section 2, for the purpose of supplying State wildlife management areas with water, shall become the property of the State of California when constructed. (Aug. 27, 1954, c. 1012, § 5, 68 Stat. 879.) AUTHORIZATION OF SECRETARY OF THE INTERIOR TO CONTRACT FOR WATER DELIVERY; DELIVERY CHARGE SEC. 6. The Secretary of the Interior is authorized to contract for the delivery of water to public organizations or agencies for use within the boundaries of such organizations or agencies for waterfowl purposes in the Grasslands area of the San Joaquin Valley. If and when available, such water shall be delivered from the Central Valley project at a charge not to exceed the prevailing charge for class 2 water. (Aug. 27, 1954, c. 1012, § 6, 68 Stat. 879.) CONFORMITY OF WATER USE WITH CALIFORNIA LAWS; CONSTRUCTION OF ACT SEC. 7. The use of all water furnished by the Secretary of the Interior under sections 2 and 6 of this Act shall be subject to and not inconsistent with the laws of the State of California relating to priorities of deliveries and use of water. Nothing contained in this Act shall be construed as an allocation of water. (Aug. 27, 1954, c. 1012, § 7, 68 Stat. 880.) 3. COLORADO RIVER STORAGE PROJECT ACT * SEC. 8. In connection with the development of the Colorado River storage project and of the participating projects, the Secretary is authorized and directed to investigate, plan, construct, operate, and maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife. The Secretary is authorized to acquire lands and to withdraw public lands from entry or other disposition under the public land laws necessary for the construction, operation, and maintenance of the facilities herein provided, and to dispose of them to Federal, State and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and operation in the public interest. All costs incurred pursuant to this section shall be nonreimbursable and nonreturnable. 397 |