Bureau of Reclamation Project Feasibilities and Authorizations

by any agency of the Federal Government responsible for engineering surveys and construction of such project.

The cost of planning for and the construction or installation and maintenance of any such means and measures shall be included in and shall constitute an integral part of the costs of such projects: Provided, That, in the case of projects hereafter authorized to be constructed, operated, and maintained in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Secretary of the Interior, shall, in addition to allocation to be made under section 9 of the Reclamation Project Act of 1939 (53 Stat. 1187), make findings on the part of the estimated cost of the project which can properly be allocated to the preservation and propagation of fish and wildlife, and costs allocated pursuant to such findings shall not be reimbursable. In the case of construction by a Federal agency, that agency is authorized to transfer, out of appropriations or other funds made available for surveying, engineering, or construction to the Fish and Wildlife Service, such funds as may be necessary to conduct the investigations required by this section to be made by it.

SEC. 3. Whenever the waters of any stream or other body of water are impounded, diverted, or otherwise controlled for any purpose whatever by any department or agency of the United States, adequate provision consistent with the primary purposes of such impoundment, diversion, or other control shall be made for the use thereof, together with any areas of land, or interest therein, acquired or administered in connection therewith, for the conservation, maintenance, and management, of wildlife, resources thereof, and its habitat thereon. In accordance with general plans, covering the use of such waters and other interests for these purposes, approved jointly by the head of the department or agency exercising primary administration thereof, the Secretary of the Interior, and the head of the agency exercising administration over the wildlife resources of the State wherein the waters and areas lie, such waters and other interests shall be made available without cost for administration (a) by such State agency, if the management thereof for the conservation of wildlife relates to other than migratory birds; (b) by the Secretary of the Interior, if the waters and other interests have particular value in carrying out the national migratory bird management program.

During the period 1933 to 1940 Congress appropriated large sums undertaking public works throughout the United States. These sums were appropriated to the Federal Emergency Relief Administration, Public Works Administration and the Works Progress Administration. The acts of Congress appropriating these funds in general provided that the works were to be constructed in accordance with existing law controlling their authorization, and under the direction of the agency responsible for the administration of the existing laws. Reclamation projects were among the public works initiated under the authority vested in the President for the expenditure of relief funds. Such initial authorizations were later ratified by findings of feasibility issued under Reclamation law, or by a specific authorization by Congress. In general, these relief acts in no way modified the feasibility requirements of reclamation law. If anything, they established a further criterion that the particular project should, besides satisfying reclamation law, provide a basis for work relief. In return the project would be entitled to financing on the basis of a grant or loan from a relief appropriation. Reclamation projects initiated under the relief acts were later completed by regular reclamation appropriations made on a fully reimbursable basis.

In addition to authorization of reclamation projects by finding of feasibility, many reclamation projects have been authorized by special acts of Congress. These acts of Congress are too numerous to quote in detail here, but generally they anchor to the requirement of basic reclamation law requiring the cost to be returned by the beneficiaries. The special features of most of these acts have been directed to provisions for repayment that differ somewhat from the standard requirements of reclamation law. These differences usually are in the form of an extension of the repayment period for that portion of the project to be repaid by irrigation water users.

The Boulder Canyon project authorized by the act of December 21, 1928 (45 Stat. 1057), for example, requires payment in full of the entire cost of construction within fifty years, except for a $25,000,000 allocation to flood control which is, however, to be repaid after the end of the fifty-year repayment for all other project costs.

The Fort Peck Project Act which authorizes the Secretary of the Interior to dispose of power from the Corps of Engineers' Fort Peck project, requires that electric power rates be set to recover the cost of producing and transmitting electric energy, including amortization of the capital investment, over a reasonable period of years. The Flood Control Act of 1944 provided that the Secretary of the Interior transmit and dispose of excess power generated at the other reservoir projects under the control of the War Department.

Another outgrowth of the depression years was the effort of Congress to provide through Reclamation for distressed conditions in the Western Plains and Mountain States affected by the extreme droughts of the mid 1930's. Congress's efforts here were directed to providing for small irrigation projects, usually with only a few thousand acres or less, as contrasted with large developments authorized under the Reclamation Act. In the 1940 Appropriation Act passed May 10, 1939, Congress provided $5,000,000 for Water Conservation and Utility projects in the Great Plains and arid and semi-arid areas. Also in 1939 Congress passed the Water Conservation and Utilization Project Act of August 11, 1939 (53 Stat. 1418). This act authorized the construction of small projects on the basis of joint findings of feasibility by the Secretary of Agriculture and the Secretary of the Interior and approved by the President. The act provided originally for reimbursable appropriations combined with nonreimbursable participation by the Works Progress Administration and the Civilian Conservation Corps, thereby making projects with a high total cost per acre feasible, provided sufficient relief labor could be made available to hold the reimbursable portion to a reasonable amount. This act ordinarily would have expired with termination of the WPA and CCC at the beginning of World War II. Congress by the act of July 16, 1943, modified the original law to permit the completion of Water Conservation and Utility projects which could show a benefit to the war.

The Flood Control Act of 1944 stated the policy of Congress "to

recognize the interests and rights of the States in determining the development of watersheds within their borders and likewise their interest and rights in water conservation and control". In conformity with this policy it provided a procedure whereby both the Chief of Engineers and the Secretary of the Interior are required to give to the affected State or States, and to each other, information developed by the investigations and opportunity for consultation regarding plans and proposals. In the event that the affected States or the Secretary of War make objections to a proposal, the project shall not be deemed authorized in accordance with the Reclamation Project Act of 1939, as described above, but shall require an Act of Congress. The Flood Control Act of 1944 also provided for construction by the Secretary of the Interior of additional irrigation works in connection with dams and reservoirs operated by the Secretary of War.

Following the depression years prior to World War II and the restrictions on manpower, equipment, and materials during the war, deferment in maintenance of the physical plant of many of the older irrigation projects approached a critical stage. A survey of conditions revealed that many wood structures constructed from 20 to 30 years before were in need of replacement; many concrete and steel structures were badly in need of repair or replacement; and many other items were mandatory to restore the projects to their original operating condition. It was intended from the inception of the program that the costs would be repaid by the water users in installments over a number of years. Public Law No. 335 and an amendment thereto, Public Law No. 451, prescribe procedures for negotiation and approval of repayment contracts in connection with expenditures of rehabilitation and betterment funds.

On August 6, 1956, the "Small Projects Act" was signed authorizing the Secretary to make loans of up to $5,000,000 to State or local agencies to build or assist in building small reclamation projects under reclamation law.

TABLE OF CONTENTS

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FOREWORD

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