4. COLUMBIA BASIN PROJECT

Act of October 9, 1940 (54 Stat. 1085), as amended (16 U.S.C. 835i)

CONTRACTS WITH STATE OF WASHINGTON FOR MAINTENANCE AND

OPERATION OF FISH HATCHERIES

In connection with fish hatcheries built or to be built as a part of the fish-protection program required on the Columbia Basin Dam project, the Secretary of the Interior is authorized to contract with the State of Washington for the maintenance and operation of any of them at the expense of said State. (Oct. 9, 1940, c. 794, 54 Stat. 1085; Mar. 10, 1943, c. 14, 57 Stat. 14.)

HISTORICAL NOTE

For provisions of Columbia Basin Project Act, sections 1-9, see 16 U.S.C. 835-835c-5.

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5. CROOKED RIVER PROJECT, OREGON

Act of August 6, 1956 (70 Stat. 1058), as amended (43 U.S.C. 615i)

PRESERVATION AND PROPAGATION OF FISH AND WILDLIFE; SCREEN AND FISH LADDER; MINIMUM RELEASE

SEC. 4. In order to promote the preservation and propagation of fish and wildlife in accordance with section 2 of the Act of August 14, 1946 (60 Stat. 1080, 16 U.S.C., sec. 661a), an appropriate screen and fish ladder shall be provided at the diversion canal headworks of the Crooked River project below Prineville Reservoir and a minimum release of ten cubic feet per second shall be maintained from said reservoir for the benefit of downstream fishlife during those months when there is no other discharge therefrom, but this release may be reduced for brief temporary periods by the Secretary whenever he may find that release of the full ten cubic feet per second is harmful to the primary purpose of the project.

6. FRYINGPAN-ARKANSAS PROJECT, COLORADO

Act of August 16, 1962 (76 Stat. 389; 43 U.S.C. 616(a) and 616c)

PROJECT AUTHORIZATION

SECTION 1. (a) For the purposes of supplying water for irrigation, municipal, domestic, and industrial uses, generating and transmitting hydroelectric power and energy, and controlling floods, and for other useful and beneficial purposes incidental thereto, including recreation and the conservation and development of fish and wildlife, the Secretary of the Interior is authorized to construct, operate, and maintain the Fryingpan-Arkansas project, Colorado, in substantial accordance with the engineering plans therefore set forth in House Document Numbered 187, Eighty-third Congress, modified as proposed in the September 1959 report of the Bureau of Reclamation entitled "Ruedi Dam and Reservoir, Colorado", with such minor modifications of, omissions from, or additions to the works described in those reports as he may find necessary or proper for accomplishing the objectives of the project. Such modifications or additions as may be required in connection therewith shall not, however, extend to or contemplate the so-called Gunnison-Arkansas project; and nothing in this Act shall constitute a commitment, real or implied, to exportations of water from the Colorado River system in Colorado beyond those required for projects heretofore or herein authorized. In constructing, operating, and maintaining the Fryingpan-Arkansas project, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto).

SEC. 4. (a) The Secretary is authorized and directed (1) to investigate, plan, construct, operate, and maintain public recreational facilities on lands withdrawn or acquired for the development of said project, (2) to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, (3) to provide for public use and enjoyment of the same and of the water areas created by this project by such means as are consistent with the purposes of said project, and (4) to investigate, plan, construct, operate, and maintain facilities for the conservation and development of fish and wildlife resources. 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: Provided, That all lands within the exterior boundaries of a national forest acquired for recreational or other project purposes which are not determined by the Secretary of the Interior to be needed for actual use in connection with the reclamation works shall become national forest lands: Provided further, That the Secretary of the Interior shall make his determination hereunder within five years after approval of this Act, or, in the case of individual tracts of land, within five years after their acquisition by the United States: And provided further, That the authority contained in this section shall not be exercised by the Secretary of the Interior with respect to national forest lands without the concurrence of the Secretary of Agriculture.

(b) The costs, including the operation and maintenance costs, of the undertakings described in subsection (a) of this section shall be nonreimbursable and nonreturnable under the reclamation laws. The funds appropriated for carrying out the authorization contained in section 1 of this Act shall, without prejudice to the availability of other appropriated moneys for the same purpose, also be available for carrying out the investigations and programs authorized in this section.

SEC. 3. (a) The Secretary may make such reasonable provisions in the works of the Little Wood River project as, upon further study in accordance with section 2 of the Act of August 14, 1946 (60 Stat. 1080, 16 U.S.C. 661a), he finds to be required for the preservation and propagation of fish and wildlife. An appropriate portion of the construction cost of the project shall be allocated as provided in said Act and it, together with the portion of the construction cost allocated to flood control and the portions of the operation and maintenance costs allocated to these functions or the capitalized value of the equivalent thereof, shall be nonreimbursable and nonreturnable under the reclamation laws.

(b) So far as the Secretary finds the same to be consistent with safety and with efficient operation or the primary purpose of the Little Wood River project, the project waters in the project area shall be open to free public use for lawful hunting and fishing purposes, and free access to the waters for those purposes shall be assured.

(c) Little Wood River Reservoir shall be operated in accord with water rights, under decree or permit, which are valid under the laws of the State of Idaho, but the Congress, taking cognizance of the need for clarification of certain of these rights in some formal manner effective under Idaho law, particularly as between the Fish and Game Department of said State and the water users under the Little Wood River project or their organizations, does not by this declaration accept for or impose upon the United States, its officers or employees any responsibility for determining the correctness of such claims of right and does not, either by the enactment of this Act or by any action taken pursuant thereto, intend to aid or prejudice the claims of any party to a dispute with respect thereto or to impose upon any party to a contract entered into under this Act any obligation with respect to such rights that does not exist under the laws of the State of Idaho or to require that water, other than that which is available under established rights, shall be used primarily either for irrigation or for the preservation of fish and wildlife resources.