665 HIGHWAY AND RAILROAD BRIDGE ACROSS COLUMBIA RIVER An act granting the consent of Congress to the Secretary of the Interior, the State of Washington, and the Great Northern Railway Company to construct, maintain, and operate either a combined highway and railroad bridge or two separate bridges across the Columbia River, at or near Kettle Falls, Washington. (Act of August 7, 1939, ch. 504, 53 Stat. 1235) [Sec. 1. Bridge authorized across Columbia River at Kettle Falls.]-The consent of Congress is hereby granted to the Secretary of the Interior, the State of Washington, the Great Northern Railway Company, a corporation organized and existing under the laws of the State of Minnesota, and their successors and assigns, jointly or separately, to construct, maintain, and operate either a combined highway and railroad bridge or two separate bridges, one to be a highway bridge and one a railroad bridge, across the Columbia River at a point or points suitable to the interests of navigation, at or near Kettle Falls, and between Ferry County and Stevens County, Washington, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. (53 Stat. 1235) Sec. 2. [Reservation clause.]—The right to alter, amend, or repeal this Act is hereby expressly reserved. (53 Stat. 1235) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, referred to in section 1, is found at 34 Stat. 84, 33 U.S.C. § 491-98. Legislative History. H.R. 6271, Public Law 302 in the 76th Congress. H.R. Rept. No. 1356. 267-067-72-vol. I— 45 666 COOPERATION WITH FARM SECURITY ADMINISTRATION An act relating to the development of farm units on public lands under Federal reclamation projects with funds furnished by the Farm Security Administration. (Act of August 7, 1939, ch. 509, 53 Stat. 1238) [Advance of funds by Farm Security Administration-Funds to be repaid by settler before entry allowed.]—During the fiscal year of 1943, in order to further cooperation between the Bureau of Reclamation and the Farm Security Administration in the development of farm units on public lands under Federal reclamation projects, the Secretary of the Interior is authorized, in pursuance of cooperative agreements between the Secretary of Agriculture and the Secretary of the Interior, (1) to consider the money or any part of the money made available to settlers or prospective settlers by the Farm Security Administration, as all or a portion of the capital required of such settlers under subsection C of section 4 of the Act of December 5, 1924 (43 Stat. 702); and (2) where such farm units have been or may be improved by means of funds made available by the Farm Security Administration, to require an entryman of any such unit to enter into a mortgage contract with the Farm Security Administration to repay the value of such improvements thereon before an entry is allowed. (53 Stat. 1238) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1940, 1941 and 1942 Amendments. As originally enacted, the Act applied during the fiscal year 1940. It was extended through the fiscal year 1941 by the Act of June 17, 1940, 54 Stat. 402; through the fiscal year 1942 by the Act of May 28, 1941, 55 Stat. 206; and through the fiscal year 1943 by the Act of August 1, 1942, 56 Stat. 732. Reference in the Text. Subsection C of section 4 of the Act of December 5, 1924 (43 Stat. 702), referred to in the text, deals with the qualifications of applicants for entry. The Act is the Fact Finders' Act, which appears herein in chronological order. Legislative History. S. 2410, Public Law 307 in the 76th Congress. S. Rept. No. 795. H.R. Rept. No. 1224 (on H.R. 6372). 667 ALAMOGORDO DAM AND RESERVOIR, CARLSBAD PROJECT [Extract from] An act amending previous flood-control acts and authorizing certain preliminary examinations and surveys for flood control, and for other purposes. (Act of August 11, 1939, ch. 699, 53 Stat. 1414) Sec. 7. [Alamogordo Dam authorized.]-The Alamogordo Dam and Reser voir on the Pecos River, New Mexico, is hereby authorized and declared to be for the purposes of controlling floods, regulating the flow of the Pecos River, providing for storage and for delivery of stored waters, for the reclamation of lands, and other beneficial uses, and said dam and reservoir shall be used, first, for irrigation; second, for flood control and river regulation; and third, for other purposes. The Chief of Engineers and the Secretary of War are directed to report to the Congress the amount of the total cost of said Alamogordo Dam and Reservoir which is properly allocable to flood control. The appropriation and transfer of such amount from the general fund of the Treasury to the reclamation fund, for credit by reduction of the maximum obligation of the Carlsbad Irrigation District to repay the total cost thereof, is hereby authorized. (53 Stat. 1417; 33 U.S.C. § 707.) EXPLANATORY NOTES Purpose of the Act. Alamogordo Dam was authorized by the President on November 6, 1935, initial funds having been approved on August 14, 1935, under the Emergency Relief Appropriations Act of 1935. The dam was completed in 1938. The purpose of this act is to include flood control as a purpose of the dam and reservoir, and to provide for the allocation of a portion of the total cost of the dam and reservoir to flood control. Legislative History. H.R. 6634, Public Law 396 in the 76th Congress. H.R. Rept. No. 799. S. Rept. No. 816. H.R. Rept. No. 1026 (on H. Res. 241). 668 WATER CONSERVATION AND UTILIZATION ACT An act authorizing construction of water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States. (Act of August 11, 1939, ch. 717, 53 Stat. 1418) [Sec. 1. Construction authorized-U.S. to retain title to project works— Limits on irrigation and flood control costs.]-For the purpose of stabilizing water supply and thereby rehabilitating farmers on the land and providing opportunities for permanent settlement of farm families, the Secretary of the Interior (hereinafter referred to as "the Secretary") is hereby authorized to investigate and, upon compliance with the provisions of this Act, to construct water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States, and to operate and maintain each such project in accordance with the provisions of this Act: Provided, That the United States shall retain title to the dams, reservoirs, irrigation, and other project works until Congress otherwise provides: And provided further, That expenditures from appropriations made directly pursuant to the authority contained in section 12 (1) to meet reimbursable construction costs allocated to irrigation as defined in section 4 (b) shall not exceed $2,000,000 for dams and reservoirs in any one project, and that expenditures from appropriations made directly pursuant to the authority contained in section 12 (1) to meet costs allocated to flood control by the Secretary after consultation with the Chief of Engineers, War Department, shall not exceed $500,000 on any one project. (53 Stat. 1418; Act of October 14, 1940, 54 Stat. 1119; Act of March 7, 1942, 56 Stat. 142; § 1, Act of July 16, 1943, 57 Stat. 566; 16 U.S.C. § 590y) EXPLANATORY NOTES 1943 Amendment. Section 1 of the Act of July 16, 1943, raised the limitation on irrigation costs from $1,000,000 to $2,000,000. For legislative history of the 1943 Act see S. 1252, Public Law 152 in the 78th Congress; S. Rept. No. 365; H.R. Rept. No. 597 (on H.R. 3019). 1942 Amendment. The Act of March 7, 1942, 56 Stat. 142, added the limitation on flood control costs. For legislative history of the 1942 Act see H.R. 4648, Public Law 488 in the 77th Congress; H.R. Rept. No. 1447; companion bill S. 1441. 1940 Amendment. The Act of October 14, 1940, completely revised the 1939 Act and expanded it from 4 to 12 sections. For legislative history of the 1940 Act see H.R. 10122, Public Law 848 in the 76th Congress; H.R. Rept. No. 2944. Original Text. As originally enacted, section 1 of the Act of August 11, 1939, provided as follows: "The Secretary of the Interior is hereby authorized to undertake the construction, including acquisition of water rights, rights-of-way, and other interests in land, of water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States." Earlier Enactment, May 10, 1939. The Interior Department Appropriation Act, 1940, approved May 10, 1939, appropriated $5,000,000 for the construction of water conservation and utilization projects by the Secretary of the Interior. The Act appears herein in chronological order. Popular Names. The authority in the appropriation act of May 10, 1939, is variously referred to as the Water Conservation and Utilization Act, the 1940 Water conservation appropriation, or the Great Plains projects program. The Act of August 11, 1939, as amended, is variously referred to as the Case-Wheeler Act, the Wheeler-Case Act, or the Water Conservation and Utilization Act. Projects constructed under both WATER CONSERVATION AND UTILIZATION ACT authorities are generally called water conservation and utilization projects and are considered to be part of the same program. Cross Reference, Water Facilities Act. The Act of August 28, 1937, 50 Stat. 869, 16 U.S.C. §§ 590r-590x-4 (1958 ed.), popularly known as the Water Facilities Act, authorized the Secretary of Agriculture to construct or to assist in the construction of facilities for water storage and utilization in arid and semiarid areas of the United States. The Act of August 17, 1954, 68 Stat. 734, terminated the construction phase of the program, expanded the purposes to in 669 clude land conservation and improvement projects, authorized the Secretary of Agriculture to make loans and to insure loans for purposes of the Act, and extended the coverage of the program to all of the States and Territories. This authority in turn was repealed and replaced by Title III of the Act of August 8, 1961, Public Law 87-128, 75 Stat. 294, 307, 7 U.S.C. §§ 1921-91. Extracts from this title, which may be cited separately as the Consolidated Farmers Home Administration Act of 1961, appear herein in chronological order. Sec. 2. [Federal and State agencies.]—In connection with the investigation, construction, or operation and maintenance of a project, pursuant to the authority of this Act, the Secretary is authorized to utilize (1) in such manner as the President may direct, services, labor, materials, or other property, including money, supplied by the Work Projects Administration, the Civilian Conservation Corps, the Office of Indian Affairs, the Department of Agriculture, or any other Federal agency, for which the United States shall be reimbursed in such amounts as the President may fix for each project, within the limits of the water users' ability to repay costs as found by the Secretary under subsection 3(a) (iv); and (2) such services, labor, materials, easements or property, including money, as may be contributed by any State or political subdivision thereof, State agency, municipal corporation, or other organization, or individuals, if, in the judgment of the Secretary, the acceptance thereof will not impair the title of the United States to the project works and will not reduce the probability that the project water users can meet the obligations to the United States entered into pursuant to this Act. Moneys received and accepted under (2) of this section shall be and remain available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (53 Stat. 1419; Act of October 14, 1950, 54 Stat. 1120; 16 U.S.C. § 590z) EXPLANATORY NOTES 1940 Amendment. The Act of October 14, 1940, completely revised the 1939 Act and expanded it from 4 to 12 sections. Original Text. As originally enacted, section 2 of the Act of August 11, 1939, provided as follows: "SEC. 2. Any money expended on such construction from appropriations made under the authority of this Act shall be repaid to the United States by the water users in not to exceed forty annual installments. Any labor or materials supplied for such construction by the Work Projects Administration, the Civilian Conservation Corps, or any other Federal agency shall be utilized in such manner as the President may determine, and for such labor and materials the water users shall reimburse the United States in such amounts and on such terms as the President may fix for each project." Sec. 3. [Report on feasibility and cost allocations-Presidential approvalLand and water rights-Definitions.]-(a) No construction of a project may be undertaken pursuant to the authority of this Act unless and until the Secretary has made an investigation thereof and has submitted to the President his report and findings on (i) the engineering feasibility of the proposed construction; |