Pub. L. 83-172, tit. I, under "Bureau of Reclamation"
Bureau of Reclamation
Bureau of Reclamation For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau, as follows: general investigations For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans; engineering and economic investigations, as a basis for legislation, and for reports thereon to Congress, relating to projects for the development and utilization of the water resources of Alaska; formulating plans and preparing designs and specifications for authorized Federal reclamation projects or parts thereof prior to initial allocation of appropriations for construction of such projects or parts; and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects; to remain available until expended; $3,000,000, of which $2,400,1X10 shall be derived from the reclamation fund and $500,000 shall be derived from the Colorado River development fund: Provided, That the expenditure of any sums from this appropriation for investigations of any nature requested by States, municipalities, or other interests shall be upon the basis of the State, municipality, or other interest advancing at least 50 per centum of the estimated cost of such investigations Provided further, That, except as herein expressly provided with respect to investigations in Alaska, no part of this appropriation shall be expended in the conduct of activities which are not authorized by law. 67 Stat. 266 construction and rehabilitation For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $116,269,660, of which $52,509,206 shall be derived from the reclamation fund: Provided, That not to exceed $268,000 shall be available toward the emergency rehabilitation of the Dalton Gardens Irrigation Project, Idaho, to be repaid in full under conditions satisfactory to the Secretary of the Interior: Provided further, That not to exceed $222,000 shall be available toward the emergency rehabilitation of the Avondale Irrigation Project, Idaho, to be repaid in full under conditions satisfactory to the Secretary of the Interior: Provided further, That the Bureau of Reclamation is authorized to expend not to exceed $300,000 for emergency flood protective work and minor completion work on the irrigation system of the Buford-Trenton Project of which the portion thereof found by the Secretary to be properly allocable to irrigation pursuant to allocations to be made under section 7 (b) of the Reclamation Project Act of 1939 shall he repaid under terms satisfactory to the Secretary and to the water users: Provided further, That not to exceed $1,000,000 of the amount appropriated herein for the Missouri River Basin Project shall be non-reimbursable representing that portion of the cost of Pactola Dam allocated to furnishing a water supply for Ellsworth Air Force Base: Provided, further, That no part of this appropriation shall be available for other than the completion of field engineering, survey work, and preliminary designs of the Southwest Contra Costa County Water District System and no repayment contract shall be executed or construction begun until plans have been submitted to and approved by the Congress through its legislative and appropriation procedures, after submission of a report to the Congress by the Secretary of the Interior (1) on the cost and feasibility of said project, including the necessary distribution system and (2) on the rates required to be charged to the ultimate consumers: Provided further, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer: Provided further, That in order to promote agreement among the States of Nebraska, Wyoming, and Colorado, and to avoid any possible alteration of existing vested water rights, no part of this or of any prior appropriation shall be used for construction or for further commitment for construction of the Glen do unit or any feature thereof, until a definite plan report thereon has been completed, reviewed by the States of Nebraska, Wyoming, and Colorado, and approved by Congress: Provided further, That no part of this or any other appropriation shall be available for the initiation of construction under the terms of reclamation law of any dam or reservoir or water supply, or any tunnel, canal or conduit for water, or water distribution system related to such dam or reservoir until the Secretary shall certify to the Congress that an adequate soil survey and land classification has been made and that the lands to be irrigated are susceptible to the production of agricultural crops by means of irrigation or that the successful 67 Stat. 267 irrigability of those lands and their susceptibility to sustained production of agricultural crops by means of irrigation has been demonstrated in practice: Provided further, That no part of this or prior appropriations shall be used for construction, nor for further commitments to construction of Moorhead Dam and Reservoir, Montana, or any feature thereof until a definite plan report thereon has been completed, reviewed by the States of Wyoming and Montana, and approved by the Congress. operation and maintenance For operation and maintenance of reclamation projects or parts thereof and of other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $19,500,00(1, of which $15,075,290 shall be derived from the reclamation fund and $2,179,710 shall be derived from the Colorado River dam fund, including (notwithstanding the provisions of the First Deficiency Appropriation Act, 1944, relating thereto) operation and maintenance of Palo Verde Weir: Provided, That funds advanced for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year. general administrative expenses For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $4,500,000, to be derived from the reclamation fund and to be nonreimbursable pursuant, to the Act of April 19, 1945 (43 U. S. C. 377): Provided, That no part, of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. emergency fund For an additional amount for the emergency fund as authorized by the Act of June 26, 1948 (43 U. S. C. 502), $400,000, to be derived from the reclamation fund, special fund, and to remain available until expended for the purposes specified in said Act. special funds Sums herein referred to as being derived from the reclamation fund, the Colorado River dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U. S. C. 391), the Act of December 21, 1928 (43 U. S. C. 617a), and the Act of July 19, 1940 (43 U. S. C. 618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads “Operation and maintenance” and “General Administrative Expenses” shall revert and be credited to the special fund from which derived. 67 Stat. 268 administrative provisions Appropriations to the Bureau of Reclamation shall tie available for payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expense of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiation and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance administration”, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U. S. C. 461–467): Provided, That, no part of any Appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U. S. C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head “General Investigations”. Allotments to the Missouri River Basin project from the Appropriation under the head “Construction and Rehabilitation” shall be available additionally for said project for those functions of the Bureau of Reclamation provided for under the head “General Investigations” (but this authorization shall not preclude use of the Appropriation under said head within that area), and for the continuation of investigations by agencies of the Department on a general plan for the development of the Missouri River Basin. Such allotments may be expended through or in cooperation with State and other Federal agencies, and advances to such agencies are hereby authorized. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 665 of title 31 of the United States Code. No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefit of hinds (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual, when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed 12 per centum of the construction allotment made by the Bureau of Reclamation for any project from the appropriation “Construction and Rehabilitation” contained in this Act, shall be available for construction work by force account or on a hired-labor basis; except that not to exceed $225,000 may on approval of the Commissioner be expended for construction work by force account 67 Stat. 269 on any one project or Missouri Basin unit when the work is unsuitable for contract or when excessive bids are received; and except in cases of emergencies local in character, so declared by the Commissioner.