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of electric power and energy generated at said project shall be covered into the Treasury of the United States to the credit of miscellaneous receipts, save and except that the Treasury shall set up and maintain from the receipts for said project a continuing fund of $200,000 to the credit of the Secretary and subject to expenditure by him, to defray emergency expenses and to insure continuous operation.

SEC. 3. The Secretary is authorized to perform any and all acts and enter into such agreements as may be appropriate for the purpose of carrying the provisions of this Act into full force and effect, including the acquisition of rights and property, and the Secretary, when an appropriation shall have been made for the commencement of construction or for operation and maintenance of said project, may, in connection with the construction or operation and maintenance of such project, enter into contracts for miscellaneous services for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.

SEC. 4. Upon completion of amortization of the capital investment allocated to power, the Secretary is authorized and directed to report to the Congress upon the feasibility and desirability of transferring the Eklutna project to public ownership and control in Alaska.

SEC. 5. Wherever in this Act authority is vested in, or functions are to be performed by, the Secretary, such authority may be exercised, and functions performed, through such agencies of the Department of the Interior as he may designate.

SEC. 6. There are authorized to be appropriated the sum of $20,365,400 for the construction of the Eklutna project, and, in addition, such sums as may be necessary for the operation and maintenance of such project.

An act to amend the act of July 31, 1950, (64 Stat. 382) relating to appropriations for construction by the Secretary of the Interior of the Eklutna project, Alaska. (Act of August 13, 1953, 67 Stat. 574-575, Public Law 260, 83d Cong., 1st sess.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of July 31, 1950 (64 Stat. 382), be amended as follows:

(1) By amending the first sentence of section 1 to read as follows: "That in order to encourage and promote the economic development of the Territory of Alaska, to foster the establishment of essential industries in said Territory, and to further the selfsufficiency of national defense installations located therein, the Secretary of the Interior (hereinafter referred to as the 'Secretary') is authorized to construct, operate, and maintain the Eklutna project in the vicinity of Anchorage, Alaska, consisting of a low dam at Lake Eklutna, a diversion tunnel and penstock, a

power plant with an installed capacity of thirty thousand kilowatts, transmission lines to Anchorage and other load centers, and related works (except recreational facilities) substantially in accordance with the plans and recommendations in the report adopted by the Secretary of the Interior on January 18, 1949, on file with the Committee on Public Lands of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate at an estimated cost not to exceed $33,000,000."

(2) By adding a new paragraph to section 1, as follows: "The continuation of construction of the Eklutna project beyond December 1, 1953, is hereby made contingent upon there being a finding by the Secretary by that date that he and the proper officials of the city of Anchorage, Alaska, have approved a form of contract whereby the city would agree to convey to the United States such hydroelectric and other properties, including water rights, as the Secretary has determined should be acquired by the United States in connection with the Eklutna project, and whereby in consideration therefor the United States would agree to deliver to said city electric energy upon terms which in the Secretary's judgment would accord said city just compensation for the properties agreed to be conveyed."

(3) By amending the last sentence of section 2 to read as follows: "All receipts from the transmission and sale of electric power and energy generated at said project shall be covered into the Treasury of the United States to the credit of miscellaneous receipts."

(4) By amending section 6 to read as follows: "There are authorized to be appropriated the sum of $33,000,000 for the construction of the Eklutna project, and, in addition, such sums as may be necessary for the operation and maintenance of such project."

BUREAU OF RECLAMATION, Washington 25, D. C., November 27, 1953.

Memorandum.

To:

From:

THE SECRETARY OF THE INTERIOR.
Commissioner, Bureau of Reclamation.

Subject: Continuation of construction-Eklutna project, Alaska

On September 4, 1953, Assistant Secretary Aandahl approved a draft of proposed contract with the city of Anchorage, Alaska, covering the acquisition of its Eklutna Powerplant and the rendering of electric service to the city. The draft had previously been approved by the Anchorage City Council and other proper officials of the city and was approved by the voters of the city at the regular election held on October 6, 1953. The contract is now in the process of being executed by the United States and the city.

In view of the facts and in compliance with the requirements of the Eklutna Project Act, as amended (67 Stat. 574), it is recommended that the Secretary or the Acting Secretary find, and by your approval hereof you do find, that you and the proper officials of the city of Anchorage, Alaska, have approved a form of contract whereby the city agrees to convey to the United States hydroelectric and other properties, including water rights, which you have determined should be acquired by the United States in. connection with the Eklutna Project, and whereby in consideration therefor the United States agrees to deliver to the city electric energy upon terms which in your judgment accord the city just compensation for the properties agreed to be conveyed.

The continuation of construction of the Eklutna Project beyond December 1, 1953, is contingent upon the aforesaid finding being made by you.

(Signed) W. A. DEXHEIMER,

Approved: November 30, 1953.
(Signed) DOUGLAS MCKAY,

Commissioner.

Secretary of the Interior.

FALCON PROJECT

TEXAS

Construction of the Rio Grande International Dams Project was provided by the Treaty with Mexico dated November 27, 1945. Joint construction of the Falcon Dam by the International Boundary and Water Commission, United States and Mexico, was approved by Congress on October 5, 1949 (Public Law 312, 81st Cong. 1st sess., 63 Stat. 701). Electric energy generated at Falcon Dam, which is available to the United States, is delivered to the Secretary of the Interior for transmission and disposition in accordance with the Reclamation Project Act of 1939 by the Act of June 18, 1954 (Public Law 406, 83d Cong. 2d sess., 68 Stat. 255, 256).

RIO GRANDE INTERNATIONAL DAMS PROJECT (International Boundary and Water Commission)

MEXICAN TREATY AND PROTOCOL

Treaty with Mexico relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande

[Treaty signed at Washington, February 3, 1944; Protocol signed at Washington, November 14, 1944; ratification advised by the Senate April 18, 1945, subject to certain understandings; ratification by the President November 1, 1945, subject to said understandings; ratified by Mexico October 16, 1945; ratifications exchanged at Washington November 8, 1945; proclaimed by the President November 27, 1945, subject to said understandings; effective November 8, 1945]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS a treaty between the United States of America and the United Mexican States relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, was signed by their respective Plenipotentiaries in Washington on February 3, 1944, and a protocol supplementary to the said treaty was signed by their respective Plenipotentiaries in Washington on November 14, 1944, the originals of which treaty and protocol, in the English and Spanish languages, are word for word as follows:

The Government of the United States of America and the Government of the United Mexican States: animated by the sincere spirit of cordiality and friendly cooperation which happily governs the relations between them; taking into account the fact that Articles VI and VII of the Treaty of Peace, Friendship and Limits between the United States of America and the United Mexican States signed at Guadalupe Hidalgo on February 2, 1848,1 and Article IV of the boundary treaty between the two countries signed at the City of Mexico December 30, 1853,2 regulate the use of the waters of the Rio Grande (Rio Bravo) and the Colorado River for purposes of navigation only; considering that the utilization of these waters for other purposes is desirable in the interest of both countries, and desiring, moreover, to fix and delimit the rights of the two countries with respect to the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, United States of America, to the Gulf of Mexico, in order to obtain the most complete and satisfactory utilization thereof, have resolved to conclude a treaty:

ARTICLE 5

The two Governments agree to construct jointly, through their respective Sections of the Commission, the following works in the main channel of the Rio Grande (Rio Bravo):

I. The dams required for the conservation, storage and regulation of the greatest quantity of the annual flow of the river in a way to ensure the continuance of existing uses and the development of the greatest number of feasible projects, within the limits imposed by the water allotments specified.

II. The dams and other joint works required for the diversion of the flow of the Rio Grande (Rio Bravo).

One of the storage dams shall be constructed in the section between Santa Helena Canyon and the mouth of the Pecas River; one in the section between Eagle Pass and Laredo, Texas (Piedras Negras and Nuevo Laredo in Mexico); and a third in the section between Laredo and Roma, Texas (Nuevo Laredo and San Pedro de Roma in Mexico). One or more of the stipulated dams may be omitted, and others than those enumerated may be built, in either case as may be determined by the Commission, subject to the approval of the two Governments.

In planning the construction of such dams the Commission shall determine:

(a) The most feasible sites;

(b) The maximum feasible reservoir capacity at each site; (c) The conservation capacity required by each country at each site, taking into consideration the amount and regimen of its allotment of water and its contemplated uses;

(d) The capacity required for retention of silt;

Treaty Series 207; 9 Stat. 922; 18 Stat. (pt. 2, Public Treaties) 492. 2 Treaty Series 208; 10 Stat. 1031; 18 Stat. (pt. 2, Public Treaties) 503.

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