§ 422e. Contract requirements.

Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which shall set out, among other things—

(a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) $10,000,000 or (2) the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant approved;

(b) the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; and (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement, which are nonreimbursable under general provisions of law applicable to such projects: Provided, That the cost of constructing the project as used in this subsection shall be exclusive of the cost of lands and interests in land;

(c) a plan of repayment by the organization of (1) the sums lent to it in not more than fifty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, 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, and by adjusting such average rate to the nearest one-eighth of 1 per centum, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres; and (3) in the case of any project involving an allocation to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above;

(e) such provisions as the Secretary shall deem necessary or proper to provide assurance of and

security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to sections 422a to 422k-1 of this title shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and

(As amended Nov. 24, 1971, Pub. L. 92–167, § 1(3)– (6), 85 Stat. 488.)

AMENDMENTS

1971-Subsec. (a) (1). Pub. L. 92–167, § 1(3), substituted "$10,000,000" for "$6,500,000".

Subsec. (b)(2). Pub. 92–167, § 1(4), substituted provision for inclusion of one-half of land acquisition costs to serve exclusively the purposes of fish and wildlife enhancement and public recreation, for prior inclusion of such costs for a reservoir or other area to be operated for fish and wildlife enhancement and public recreation purposes and provided for inclusion of costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation.

Subsec. (b) (5). Pub. L. 92–167, § 1(5), inserted proviso excluding from cost of constructing projects, as used in this subsection, cost of lands and interests in land.

Subsec. (c) (3). Pub. L. 92-167, § 1(6), required reimbursable fish and wildlife and recreation costs to be repaid with interest at rate determined by formula set forth in subsec. (c) (2) of this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title.

§ 422f. Proposals for projects previously authorized; waiver of requirements; approval; negotiation of

contract.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 422k-1 of this title.

§ 422g. Information from Federal agencies; costs.

Upon request of an organization which has made or intends to make a proposal under sections 422a to 422k-1 of this title, the head of any Federal department or agency may make available to the organization any existing engineering, economic, or hydrologic information and printed material that it may have and that will be useful in connection with the planning, design, construction, or operation and maintenance of the project concerned. The reasonable cost of any plans, specifications, and other unpublished material furnished by the Secretary pursuant to this section and the cost of making and administering any loan under sections 422a to 422k-1 of this title shall, to the extent that they would not be nonreimbursable in the case of a project constructed under the Federal reclamation laws, be treated as a loan and covered in the provisions of the contract entered into under section 422e of this title unless they are otherwise paid for by the organization. (Aug. 6, 1956, ch. 972, § 7, 70 Stat. 1047.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 422k-1 of this title.

§ 422h. Planning and construction.

The planning and construction of projects undertaken pursuant to sections 422a to 422k-1 of this title shall be subject to all procedural requirements and other provisions of the Fish and Wildlife Coordination Act, as amended (section 661 et seq. of title 16). (Aug. 6, 1956, ch. 972, § 8, 70 Stat. 1047; Sept. 2, 1966, Pub. L. 89-553, § 1(5), 80 Stat. 377.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 422k-1 of this title.

§ 4221. Rules and regulations.

The Secretary is authorized to perform any and all acts and to make such rules and regulations as may be necessary or proper in carrying out the provisions of sections 422a to 422k-1 of this title. (Aug. 6, 1956, ch. 972, § 9, 70 Stat. 1047.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title.

§ 422j. Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement. There are authorized to be appropriated, such sums as may be necessary, but not to exceed $300,000,000, to carry out the provisions of sections 422a to 422k-1 of this title: Provided, That the Secretary shall advise the Congress promptly on the receipt of each proposal referred to in section 422b of this title, and no contract shall become effective until appropriated funds are available to initiate the specific proposal covered by each contract. All such appropriations shall remain available until expended and shall, insofar as they are used to finance loans made under sections 422a to 422k-1 of this title, be reimbursable in the manner hereinabove provided. (As amended Nov. 24, 1971, Pub. L. 92-167, § 1(7), 85 Stat. 488.)

AMENDMENTS

1971-Pub. L. 92-167 substituted "$300,000,000" for "$200,000,000".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title.

§ 422k. Supplement to Federal reclamation laws; short title.

Sections 422a to 422k-1 of this title shall be a supplement to the Federal reclamation laws and may be cited as the Small Reclamation Projects Act of 1956. (Aug. 6, 1956, ch. 972, § 11, 70 Stat. 1047.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title. § 422k-1. Loan contracts for deferment of repayment installments; amendment or supplementation.

A loan contract negotiated and executed pursuant to sections 422a to 422k-1 of this title may be amended or supplemented for the purpose of deferring repayment installments in accordance with the provisions of section 485b-1(b) of this title. (Aug. 6, 1956, ch. 972, § 13, as added Nov. 24, 1971, Pub. L. 92-167, § 1(8), 85 Stat. 488.)

§ 4221. Application of sections 422a to 422k-1 to Hawaii. Sections 422a to 422k-1 of this title, as heretofore and hereafter amended, shall apply to the State of Hawaii. (Pub. L. 86-624, § 31, July 12, 1960, 74 Stat. 421.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title.

PAYMENT OF CONSTRUCTION CHARGES

§ 485b-1. Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 422k-1 of this title.

CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT, COLORADO

§ 615aaa. Authorization for construction, operation, and maintenance; Mishak National Wildlife Refuge; Alamosa National Wildlife Refuge. (a) The Secretary of the Interior is authorized to construct, operate, and maintain the closed basin division, San Luis Valley project, Colorado, including channel rectification of the Rio Grande between the uppermost point of discharge into the river of waters salvaged by the project, and the Colorado-New Mexico State line, so as to provide for the carriage of water so salvaged without flooding of surrounding lands, to minimize losses of waters through evaporation, transpiration, and seepage, and to provide a conduit for the reception of waters salvaged by drainage projects undertaken in the San Luis Valley below Alamosa, Colorado, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), and as otherwise provided in this Act, for the principal purposes of salvaging, regulating, and furnishing water from the closed basin area of Colorado; transporting such water into the Rio Grande; making water available for fulfilling the United States obligation to the United States of Mexico in accordance with the treaty dated May 21, 1906 (34 Stat. 2953); furnishing irrigation water, industrial water, and municipal water supplies to water deficient areas of Colorado, New Mexico, and Texas through direct diversion and exchange of water; establishing the Mishak National Wildlife Refuge and furnishing a water supply for the operation of the Mishak National Wildlife Refuge and the Alamosa National Wildlife Refuge and for conservation and development of other fish and wildlife resources; providing outdoor recreational opportunities; augmenting the flow of the Rio Grande; and other useful purposes, in substantial accordance with the engineering plans set out in the report of the Secretary of the Interior on this project: Provided, That no wells of the project, other than observation wells, shall be permitted to penetrate the aquiclude, or first confining clay layer.

(b) Construction of the project may be undertaken in such units or stages as in the determination of the Secretary will best serve project requirements and meet water needs: Provided, That construction of each of the successive units or stages after stage 1 of said project shall be undertaken only with the consent of the Colorado Water Conservation Board and the Rio Grande Water Conservation District of the State of Colorado.

(c) The closed basin division, San Luis Valley project, Colorado, shall be operated in such manner that the delivery of water to the river and return flows of water will not cause the Rio Grande system to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965. (Pub. L. 92-514, title I, § 101, Oct. 20, 1972, 86 Stat. 964.)

REFERENCES IN TEXT

This act, referred to in subsec. (a), is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title. The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supple

mentary thereto), referred to in subsec. (a), are classified generally to this title. See Tables Volume for distribution.

The Water Quality Act of 1965, referred to in subsec. (c), was Pub. L. 89-234, Oct. 2, 1965, 79 Stat. 903, which was classified to various sections of Title 33, Navigation and Navigable Waters. See Tables Volume for distribution. Water quality standards are now promulgated pursuant to section 1313 of Title 33.

SHORT TITLE

Section 1 of Pub. L. 92-514 provided: "That this Act [which enacted sections 615aaa to 615jjjj of this title] shall be known as the Reclamation Project Authorization Act of 1972."

§ 615bbb. Control system; maintenance of water table. (a) Prior to commencement of construction of any part of the project, except channel rectification, there shall be incorporated into the project plans a control system of observation wells, which shall be designed to provide positive identification of any fluctuations in the water table of the area surrounding the project attributable to operation of the project or any part thereof. Such control system, or so much thereof as is necessary to provide such positive identification with respect to any stage of the project shall be installed concurrently with such stage of the project.

(b) The Secretary shall operate project facilities in a manner that will not cause the water table available for any irrigation or domestic wells in existence prior to the construction of the project to drop more than two feet and in a manner that will not cause reduction of artesian flows in existence prior to the construction of the project. (Pub. L. 92-514, title I, § 102, Oct. 20, 1972, 86 Stat. 964.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615ccc of this title.

§ 615ccc. Operating committee; establishment; membership.

There is hereby established an operating committee consisting of one member appointed by the Secretary, one member appointed by the Colorado Water Conservation Board, and one member appointed by the Rio Grande Water Conservation District, which is authorized to determine from time to time whether the requirements of section 615bbb of this title are being complied with. The committee shall inform the Secretary if the operation of the project fails to meet the requirements of section 615bb of this title or adversely affects the beneficial use of water in the Rio Grande Basin in Colorado as defined in article I(c) of the Rio Grande compact (53 Stat. 785). Upon receipt of such information the Secretary shall modify, curtail, or suspend operation of the project to the extent necessary to comply with such requirements or eliminate such adverse effect. (Pub. L. 92-514, title I, § 103, Oct. 20, 1972, 86 Stat. 965.)

§ 615ddd. Nonreimbursable costs; priority of water availability.

(a) Except as hereinafter provided, project costs shall be nonreimbursable.

(b) After the project or any phase thereof has been constructed and is operational, the Secretary shall make water available in the following listed order of priority:

(1) To assist in making the annual delivery of water at the gaging station on the Rio Grande near Lobatos, Colorado, as required by article III of the Rio Grande compact: Provided, That the total amount of water delivered for this purpose shall not exceed an aggregate of six hundred thousand acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of January next succeeding the year in which the Secretary determined that the project authorized by this Act is operational.

(2) To maintain the Alamosa National Wildlife Refuge and the Mishak National Wildlife Refuge: Provided, That the amount of water delivered to the Alamosa National Wildlife Refuge shall not exceed five thousand three hundred acre-feet annually, and the water delivered to the Mishak National Wildlife Refuge shall not exceed twelve thousand five hundred acre-feet annually.

(3) To apply to the reduction and elimination of any accumulated deficit in deliveries by Colorado as is determined to exist by the Rio Grande Compact Commission under article VI of the Rio Grande compact at the end of the compact water years in which the Secretary first determines the project to be operational.

(4) For irrigation or other beneficial uses in Colorado: Provided, That no water shall be delivered until agreements between the United States and water users in Colorado, or the Rio Grande Water Conservation District acting for them, have been executed providing for the repayment of such costs as in the opinion of the Secretary are approprirate and within the ability of the users to pay. (Pub. L. 92-514, title I, § 104, Oct. 20, 1972, 86 Stat. 965.)

REFERENCES IN TEXT

This Act, referred to in subsec. (b) (1), is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

§ 615eee. Easements and rights-of-way.

Construction of the project shall not be started until the State of Colorado agrees that it will, as its participation in the project, convey to the United States easements and rights-of-way over lands owned by the State that are needed for wells, channels, laterals, and wildlife refuge areas, as identified in the project plan. Acquisition of privately owned land shall, where possible and consistent with the development of the project, be restricted to easements and rights-of-way in order to minimize the removal of land from local tax rolls. (Pub. L. 92-514, title I, § 105, Oct. 20, 1972, 86 Stat. 965.)

§ 615fff. Fish and wildlife resources.

Conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the closed basin division of the San Luis Valley project works authorized by this Act shall be in accordance with the provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title I, § 106, Oct. 20, 1972, 86 Stat. 966.)

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 Federal Water Project Recreation Act, referred to in text, is classified to section 4607-12 et seq. of Title 16, Conservation.

§ 615ggg. Transfer of functions.

The Secretary is authorized to transfer to the State of Colorado or to any qualified agency or political subdivision of the State, or to a water users' organization, responsibility for the care, operation, and maintenance of the project works, or any part thereof. The agency or organization assuming such obligation shall obligate itself to operate the project works in accordance with regulations prescribed by the Secretary. (Pub. L. 92-514, title I, § 107, Oct. 20, 1972, 86 Stat. 966.)

§ 615hhh. Abrogation, amendment, modification, or conflict with existing provisions.

Nothing contained in this Act of this title shall be construed to abrogate, amend, modify, or be in conflict with any provisions of the Rio Grande compact; or to shift any legal burden of delivery from the Rio Grande or the Conejos River to the closed basin. (Pub. L. 92-514, title I, § 108, Oct. 20, 1972, 86 Stat. 966.)

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.

§ 615iii. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the closed basin division of the San Luis Valley project the sum of $18,246,000 (April 1972 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein, and such additional sums as may be required for operation and maintenance of the project. (Pub. L. 92-514, title I, § 109, Oct. 20, 1972, 86 Stat. 966.)

The Secretary of the Interior is authorized to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this Act and the plan set out in the report of the Secretary on this project, with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of irrigation, flood control, fish and wildlife and recreation, and for the elimination of the hazards of failure of McMilland and Avalon Dams: Provided, That the Secretary of the Interior shall operate the existing Alamogordo Dam and Reservoir unit: And provided further, That the Secretary of the Interior shall familiarize himself with the water rights of appropriators of water from the Pecos River and shall promulgate criteria for the operation of the Brantley project and other irrigation storage projects on the Pecos River in the State of New Mexico that will preclude any detrimental effect on water rights in

This act, referred to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

§ 615mmm. Flood control and safety costs; fish and wildlife; recreation.

The costs allocated to flood control and the safety of dams purposes of the project shall be nonreimbursable and nonreturnable. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act. (Pub. L. 92-514, title II, § 204, Oct. 20, 1972, 86 Stat. 967.)

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is classified to section 4067-12 et seq. of Title 16, Conservation.

§ 615nnn. Interest rates.

The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Brantley project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the project is commenced, 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 II, § 205, Oct. 20, 1972, 86 Stat. 967.)

§ 615000. Authorization of appropriations.

There is hereby authorized to be appropriated for construction of the Brantley project the sum of $45,605,000 (based on July 1971 prices), plus or minus such amounts, if any, as may be justified by

reason of changes in construction costs as indicated by engineering cost idexes applicable to the types of construction involved and, in addition thereto, sums as may be required for operation and maintenance of the project. (Pub. L. 92-514, title II, § 206, Oct. 20, 1972, 86 Stat. 967.)

SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO

§ 615ppp. Authorization for construction, operation, and maintenance; principal works.

For the primary purposes of providing irrigation water supplies and the enhancement of fish and wildlife resources, and other purposes, 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 Salmon Falls division, Upper Snake River project, Idaho. The principal works of the divisions shall consist of the Milner pumping plant, the MilnerSalmon Falls Canal, relift pumping stations, water distribution facilities, wells to provide supplemental water, drainage facilities, and related works. The wells to provide supplemental water, authorized by this Act, shall be so located that the irrigation water produced therefrom can be delivered to the lands of the Salmon Falls division without the requirement for water rights exchange agreements between the Salmon River Canal Company and the North Side Canal Company of Jerome, Idaho. (Pub. L. 92-514, title III, § 301, Oct. 20, 1972, 86 Stat. 967.)

REFERENCES IN TEXT

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.

This Act, referred to to in text, is Pub. L. 92-514, which is classified to sections 615aaa to 615jjjj of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615qqq. Water exchanges.

Any exchanges of water which may be required in connection with the operation of the division authorized by sections 615ppp to 615www of this title shall be made in conformity with applicable State law and shall in no way jeopardize, diminish, or otherwise alter contractual rights and obligations now in existence or water rights acquired under State law, and shall be without prejudice to, but in enjoyment of, the rights of the appropriator participating in the exchange as a use under his original appropriation. Existing water users shall bear no additional costs as a consequence of any exchange in their service area. (Pub. L. 92-514, title III, § 302, Oct. 20, 1972, 86 Stat. 967.)

§ 615rrr. Irrigation repayment contracts.

Irrigation repayment contracts shall provide, with respect to any contract unit, for repayment of the irrigation construction costs assigned to the irrigators for repayment 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 irrigators to repay

shall be charged to and returned to the reclamation fund in accordance with the provisions of sections 835j to 835m of Title 16. (Pub. L. 92-514, title III, § 303, Oct. 20, 1972, 86 Stat. 967.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 615qqq of this title.

§ 615sss. Fish and wildlife benefits.

The provision of lands, facilities, and project modifications which furnish fish and wildlife benefits in connection with the Salmon Falls division shall be in accordance with the Federal Water Project Recreation Act. (Pub. L. 92-514, title III, § 304, Oct. 20, 1972, 86 Stat. 968.)

REFERENCES IN TEXT

The Federal Water Projects Recreation Act, referred to in text, is classified to section 4601-12 of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615ttt. Irrigation water pumping power.

Power and energy required for irrigation water pumping for the Salmon Falls division shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. (Pub. L. 92-514, title III, § 305, Oct. 20, 1972, 86 Stat. 968.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 615qqq of this title.

§ 615uuu. Interest rates.

The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Salmon Falls division shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the division is commenced, 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 fifteen years from date of issue. (Pub. L. 92514, title III, § 306, Oct. 20, 1972, 86 Stat. 968.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615qqq of this title.

§ 615vvv. 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 III, § 307, Oct. 20, 1972, 86 Stat. 968.)

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.