SAN LUIS UNIT, CENTRAL VALLEY PROJECT 1529 the Act of July 2, 1956 (70 Stat. 483, 43 U.S.C. 485h-1) in the absence of such transfer, and its enjoyment of such rights shall be without added cost or other detriment arising from such transfer; (i) if a nonreimbursable allocation to the preservation and propagation of fish and wildlife has been made as provided in section 2 of the Act of August 14, 1946 (60 Stat. 1080, 16 U.S.C. 662), as amended, the features of the unit to which such allocation is attributable shall, notwithstanding transfer of the care, operation, and maintenance to the State, be operated and maintained in such wise as to retain the bases upon which such allocation is premised and, upon failure so to operate and maintain those features, the amount allocated thereto shall become a reimbursable cost to be paid by the State; (j) the State shall not serve any lands within the Federal San Luis unit service area except as such service is required as a consequence of its acceptance of the care, operation, and maintenance of works under paragraph (g) of this section. (74 Stat. 158) 1. Reversible turbines NOTE OF OPINION Installation of reversible turbines in the San Luis pumping plant as an integral part of an engineering decision in the selection of the most economical plan of project con struction, is authorized by the Act of June 3, 1960, particularly in view of the Congressional authorization for an enlarged reservoir. Memorandum of Associate Solicitor Weinberg, July 6, 1962. Sec. 4. [Restrictions upon operation if constructed solely as a Federal project.]-If the Secretary proceeds to construct, operate, and maintain the San Luis works under the terms of section 1 of this Act solely as a Federal project, the operation shall be subject to the following restriction: Whenever the chlorides in the water at the head of the Delta-Mendota Canal exceed one hundred and fifty parts per million during the months of July, August, or September, the mean daily diversion from the Sacramento-San Joaquin Delta to San Luis unit via Tracy pumping plant and Delta-Mendota Canal as measured at the San Luis pumping plant shall not exceed the mean daily import to the Sacramento Valley from the Trinity project. (74 Stat. 159) Sec. 5. [Drainage system for San Luis Unit may be used by other parties; contract terms.]—In constructing, operating, and maintaining a drainage system for the San Luis unit, the Secretary is authorized to permit the use thereof by other parties under contracts the terms of which are as nearly similar as is practicable to those required by the Federal reclamation laws in the case of irrigation repayment or service contracts and is further authorized to enter into agreements and participate in construction and operation of drainage facilities designed to serve the general area of which the lands to be served by the San Luis unit are a part, to the extent the works authorized in section 1 of this Act contribute to drainage requirements of said area. The Secretary is also authorized to permit the use of the irrigation facilities of the San Luis unit, including its. facilities for supplying pumping energy, under contracts entered into pursuant to section 1 of the Act of February 21, 1911 (36 Stat. 925; 43 U.S.C. 523). (74 Stat. 159) Although there is no authority under the San Luis Act to accept contributed funds from the State of California to expand the capacity of the San Luis Drain from 250 c.f.s. to 1,400 c.f.s., such authority may be found under the Contributed Funds Act, 41 Stat. 1404. The enlargement of the drain to such an extent does not so alter the facility that it would be deemed to be beyond the authority granted to build the drain by the Federal Government. Such contributed funds would have to be furnished in advance of construction. Memorandum of Solicitor Barry, April 10, 1964, to Commissioner of Reclamation in re legal issues with respect to the construction of the San Luis Drain, Central Valley Project. 2. Excess lands Section 5 of the San Luis Act requires that the standard reclamation land limitations be incorporated into contracts concerning drainage service. However, as a practical matter, it is doubtful that the excess land laws could be applied to an individual not under contract with the United States whose water casually drains into an unlined Federal drainage system. Memorandum of Solicitor Barry, April 10, 1964, to Commissioner of Reclamation in re legal issues with respect to the construction of the San Luis Drain, Central Valley Project. Sec. 6. [Works to be planned in such manner as to contemplate future service in other areas.]—The Secretary is directed to plan the works authorized in this Act in such a manner as to contemplate and make possible the future provision of Central Valley project service, by way of the Pacheco Tunnel route, to lands and municipalities in Santa Clara, San Benito, Santa Cruz, and Monterey Counties heretofore anticipated as a possibility by the Acts of October 14, 1949 (63 Stat. 852), and August 27, 1958 (72 Stat. 937). Construction of additional works to provide such service shall not be undertaken until a report demonstrating their physical and economic feasibility has been completed, reviewed by the State, and approved by the Secretary, and the works have been authorized by Act of Congress. (74 Stat. 159) SAN LUIS UNIT, CENTRAL VALLEY PROJECT 1531 pend the recordable contract requirements October 14, 1964, in re feasibility report in of the excess land laws. Memorandum of San Felipe division. Deputy Solicitor Weinberg to Commissioner, Sec. 7. [Minimum basic public recreational facilities authorized.]—The Secretary is authorized, in connection with the San Luis unit, to construct minimum basic public recreational facilities and to arrange for the operation and maintenance of the same by the State or an appropriate local agency or organization. The cost of such facilities shall be nonreturnable and nonreimbursable under the Federal reclamation laws. (74 Stat. 160) Sec. 8. [Appropriations authorizations.]—There is hereby authorized to be appropriated for construction of the works of the San Luis unit, including jointuse facilities, authorized by this Act, other than distribution systems and drains, the sum of $290,430,000, plus such additional amount, if any, as may be required by reason of changes in costs of construction of the types involved in the San Luis unit as shown by engineering indexes. Said base sum of $290,430,000 shall, however, be diminished to the extent that the State makes funds or lands or interests in land available to the Secretary pursuant to sections 2 or 3 of this Act which decrease the costs which would be incurred if the works authorized in section 1 of this Act (including provision for their subsequent expansion) were constructed solely as a Federal project. There are also authorized to be appropriated, in addition thereto, such amounts as are required (a) for construction of such distribution systems and drains as are not constructed by local interests, but not to exceed in total cost the sum of $192,650,000, and (b) for operation and maintenance of the unit: Provided, That no funds shall be appropriated for construction of distribution systems and drains prior to ninety calendar days (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) after a contract has been submitted to the Congress calling for complete repayment of the distribution systems and drains within a period of forty years from the date such works are placed in service. All moneys received by the Secretary from the State under this Act shall be covered into the same accounts as moneys appropriated hereunder and shall be available, without further appropriation, to carry out the purposes of this Act. (74 Stat. 160) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 44, Public Law 86-488 in the 86th Congress. Reported in Senate from Interior and Insular Affairs Apr. 8, 1959; S. Rept. No. 154. Passed Senate May 12, 1959. Passed House, amended, May 18, 1960. Senate agrees to House amendments May 19, 1960. Companion bill H.R. 7155 reported in House from Interior and Insular Affairs May 27, 1959; H.R. Rept. No. 399. 1532 CONSENT TO NEGOTIATE BIG BLUE RIVER COMPACT An act granting the consent of Congress to the States of Kansas and Nebraska to negotiate and enter into a compact relating to the apportionment of the waters of the Big Blue River and its tributaries as they affect such States. (Act of June 3, 1960, Public Law 86-489, 74 Stat. 160) [Consent granted to negotiate compact.]-The consent of Congress is hereby given to the States of Kansas and Nebraska to negotiate and enter into a compact relating to the interests of such States in the waters of the Big Blue River and all its tributaries, and providing for an equitable apportionment between said States of the waters of the Big Blue River and its tributaries and for matters incident thereto: Provided, That one qualified person appointed by the President of the United States shall participate in such negotiations as chairman, representing the United States, and shall make a report to the President and to the Congress on the proceedings and on the compact. The person so appointed shall be chosen from among persons who are regularly employed full time by a department or agency of the United States and shall receive no additional compensation by reason of appointment under this Act. His travel expenses, including per diem in lieu of subsistence, shall be borne by the department or agency from which he is appointed. No compact, the negotiation of which is authorized by this Act, shall be binding upon the parties thereto until it has been ratified by the legislatures of each of the respective States, and approved by the Congress of the United States. (74 Stat. 160) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 1605, Public Law 86-489 in the 86th Congress. Reported in Senate from Judiciary Sept. 8, 1959; S. Rept. No. 929. Passed Senate Sept. 10, 1959. Passed House, amended, May 2, 1960. Senate agrees to House amendments May 24, 1960. Companion bill H.R. 10513 reported in House from Interior and Insular Affairs Apr. 25, 1960; H.R. Rept. No. 1550. 1533 HISTORICAL AND ARCHEOLOGICAL DATA An act to provide for the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam. (Act of June 27, 1960, Public Law 86–523, 74 Stat. 220) [Sec. 1. Purpose of the Act.]—It is the purpose of this Act to further the policy set forth in the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 461-467), by specifically providing for the preservation of historical and archeological data (including relics and specimens) which might otherwise be irreparably lost or destroyed as the result of flooding, the building of access roads, the erection of workmen's communities, the relocation of railroads and highways, and other alterations of the terrain caused by the construction of a dam by any agency of the United States, or by any private person or corporation holding a license issued by any such agency. (74 Stat. 220; 16 U.S.C. § 469) Sec. 2. (a) [Secretary of the Interior to be notified before any agency of the United States undertakes, or issues a license for, the construction of a damContents of the notice-Exceptions.]-Before any agency of the United States shall undertake the construction of a dam, or issue a license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary of the Interior setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if such construction is undertaken: Provided, That with respect to any floodwater retarding dam which provides less than five thousand acre-feet of detention capacity and with respect to any other type of dam which creates a reservoir of less than forty surface acres the provisions of this section shall apply only when the constructing agency, in its preliminary surveys, finds, or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area. (b) [Area proposed to be flooded shall be surveyed to determine existence of historical and archeological data-Collection and preservation of such data.]— Upon receipt of any notice, as provided in subsection (a), the Secretary of the Interior (hereinafter referred to as the "Secretary"), shall cause a survey to be made of the area proposed to be flooded to ascertain whether such area contains historical and archeological data (including relics and specimens) which should be preserved in the public interest. Any such survey shall be conducted as expeditiously as possible. If, as a result of any such survey, the Secretary shall determine (1) that such data exists in such area, (2) that such data has exceptional historical or archeological significance, and should be collected and preserved in the public interest, and (3) that it is feasible to collect and preserve such data, he shall cause the necessary work to be performed in such area to collect and preserve such data. All such work shall be performed as expeditiously as possible. (c) [Agency instigating the project shall be kept apprised of the progress of the survey.]—The Secretary shall keep the instigating agency notified at all |